If Angelina and Brad Chose Collaborative Divorce Instead of Litigation

On September 19, 2016, when the news that Angelina Jolie filed for divorce from Brad Pitt hit the newspapers, the private details of their marriage – if there is such a phrase relevant to such high profile individuals- were splashed all over the tabloids. The Petition for divorce filed in California was printed for all to see, accompanied by various reporter’s articles replete with speculation as to the reasons for the split, and how the divorce will proceed. In an article on September 22, 2016 in the New York Post, the headline that captured the attention was “Why Angelina Jolie is seeking ‘physical custody’ of kids.” The theory alleged was that she intends “to move the whole brood out of Hollywood.” The couple have six children, and while the children have been subjected to the spotlight because of their famous parents during most of their lives, having your parents’ divorce and marital details aired so publicly, including the representation that they are going to be arguing over custody, just does not seem to be in the best interest of the kids.

By choosing to litigate their divorce, especially a custody dispute, they are exposing the issues of their divorce to the court records and due to their fame to a media frenzy. They are opting for an adversarial approach which can interfere with their abilities to co-parent, and the well-being of their children. The parties become subject to a Court’s schedule, to Court procedure and most importantly subject to a decision by a Judge, who is really a stranger making life-altering judgments for these six children and for the parties as well. Surely there is a better way – Collaborative Divorce.

In a Collaborative Divorce the parties agree not to go to court but instead agree to resolve all of their issues through negotiation. It is not an adversarial method, but instead is a team approach. Each party selects an attorney trained in the Collaborative Process. The team is completed with a neutral mental health professional to aid in communication and a neutral financial expert to expedite the handling of financial issues. If there are children involved, as in this case, a child specialist, may be added to the team. Divorcing through the Collaborative method keeps the parties out of court, and enables them to reach a divorce agreement by communicating and addressing the needs and interests of each other and their children.

Using the Collaborative Process would have, from the very onset, shielded Angelina, Brad and their six children from the immediate glare of the media because there would have been no petition filed to start the process. Outside of the Courts and the public eye they would have been able to negotiate the terms of their divorce and to provide together for the welfare and future of their children.

If Angelina and Brad used the Collaborative Process to divorce, the headline could have been: “Angelina and Brad Reach An Amicable Divorce Settlement Out Of Court, The Details Of Which Remain Private.”

Who Gets Custody of Fido in the Divorce?

According to the New York Post article, Dogs are the new kids in NYC custody battles, “A 2014 survey from the American Academy of Matrimonial Lawyers (AAML) found a 27 percent increase in the number of couples who have fought over custody of a pet during the past five years.”

Traditionally, the New York courts have considered the family pet as personal property. The standard for deciding who gets the pet, even when there was a divorce or break-up of domestic partners, had more to do with who was technically the owner (i.e., who bought the dog, and paid for its upkeep), rather than considering the emotional attachment that a person has to a pet.

However, New York County Supreme Court Justice Matthew F. Cooper recognized inTravis v. Murray that “labeling a dog ‘property’ fails to describe the value human beings place upon the companionship that they enjoy with a dog. A companion dog is not a fungible item, equivalent to other items of personal property.” In the Travis case, the fate of a two and a half year-old dachshund named Joey was at stake. What’s a judge to do?

Once coming to that conclusion, and leaning heavily on the manner in which contested child custody cases are decided, Judge Cooper determined that the more reasonable way to decide “who gets the dog” was to have a one day hearing and make a decision based on the “best interests for all concerned.”

People who love their dogs almost always love them forever. But with divorce rates at record highs, the same cannot always be said for those who marry. All too often, onetime happy spouses end up as decidedly unhappy litigants in divorce proceedings. And when those litigants own a dog, matrimonial judges are called upon more and more to decide what happens to the pet that each of the parties still loves and each them still wants.

Now, while it is laudable that pets might not be treated as mere chattel in the context of divorce, or cohabiting partners, the courts are already overburdened resolving family breakups. But, litigation is not the only way to resolve the fight over Fido or the clash over Kitty.

Collaborative Divorce is a kinder, gentler approach to resolve family disputes, whether the goal is for parties to obtain a divorce, to settle matters of child custody, resolve support, etc. Collaborative Divorce is equally applicable to matters of pet custody.

Using the Collaborative approach, the parties agree to settle their issues outside of Court using attorneys trained to work together applying mediation principles to resolve their issues. Each party is represented by his/her own attorney, but the parties and their respective counsel work as a team rather than as adversaries. The parties progress to reach their goal by arriving at a solution that is, to quote Judge Cooper, in the “best interests of all concerned.”

The difference, however, in using the Collaborative Process is that rather than having a judge make a decision for you, you work out an agreement together that suits you, your family and your pet. Communication is the key, and the Collaborative Process provides the means to reach an amicable resolution for co-parenting whether parenting children or precious family pets.