Claremont Collaborative Divorce Attorney
Divorces tend to be very contentious. By the time a divorce is happening, the relationship has deteriorated, strong emotions have been triggered, and it is likely that many angry words have been spoken. The stakes are high with property, finances, and child custody on the line. But if the parties can agree to pursue their divorce amicably, California law has a procedure to facilitate the divorce process in a much less contentious and, ideally, much more peaceable manner.
If you believe you can work out the details of your divorce with your former spouse without needing a judge to make the ultimate decisions for you both, talk to a Claremont collaborative divorce attorney today.
The Benefits of a Collaborative Divorce
There are many benefits to pursuing this alternative procedure rather than going through the typical court process. The benefits include:
- Non-adversarial, collaborative decision-making and dispute resolution
- Lower cost than court proceedings
- Generally quicker than a lawsuit
- No court: You make the decisions together in an informal proceeding.
- Sensitive to the needs of your children without dragging them into the process
- Learn how to effectively communicate and amicably negotiate with your former spouse in a way that will be beneficial for your children.
What Does a Collaborative Divorce Entail?
Collaborative divorce involves negotiation, and sometimes mediation, in place of typical court procedures. Both spouses must be willing to cooperate in order for the procedure to work, and they must be willing to ultimately agree on a settlement that works best for everyone involved. Ultimately, the parties will solve the issues on their own without a judge to make decisions for them.
The parties agree to avoid court
The first principal factor in a collaborative divorce proceeding is that the parties agree not to involve the courts in the process. No one will sue or threaten to sue anyone else. The parties agree to work towards a settlement agreement that is in the best interests of all parties. You still can, and absolutely should, each retain your own divorce attorney to best represent your interests. But the process is meant to be collaborative, not combative, with the goal of coming to an agreement rather than fighting it out in court. If you and your spouse can agree to pursue this alternative without going to court, then you are on the right track. A seasoned divorce attorney with experience in collaborative divorce can help you through the process and retain the appropriate specialists to facilitate your divorce.
Even though the process is informal and congenial, you will still assemble your team to help you with the process. Your team will include your attorney and a psychologist, and they will represent you throughout the divorce. There will also be a financial specialist, such as an accountant, who is typically jointly retained by both parties to assist with the financial aspects. If children are involved, the parties will often bring in a child life specialist to help determine the best interests of the children, often a child psychologist. The parties split the costs to retain the experts.
The best interests of the children
The absence of the courts does not change the fundamental question in any divorce involving shared children: What is best for them? The parties will negotiate to determine any custody and visitation arrangements, but do so without involving the children in the process.
Full and complete disclosure
Collaborative divorce is about putting everything on the table with the goal of reaching a mutually beneficial settlement. Collaboration requires that both parties disclose all of their assets rather than trying to hide anything from the process.
Get Sound Advice and Professional Assistance Pursuing a Collaborative Divorce in California
For effective, passionate and professional help pursuing your collaborative divorce or resolving other family law issues in California, contact a divorce and family law attorney at the Claremont offices of Blasser Law at 877-927-2181.