It is not always necessary for a divorce to end in a legal battle. Collaborative divorce is becoming increasingly popular as more spouses choose to settle their disagreements out of the courtroom and reach an agreement on important issues. It is a progressive, non-adversarial method of resolving disputes.
Collaborative divorce is not the same as mediation or arbitration, but it’s especially beneficial to divorcing spouses who recognize that a traditional divorce procedure will aggravate an already emotionally and financially challenging situation. It is also a good alternative for divorcing couples who would like the additional support of an attorney, as opposed to the traditional mediation model, where spouses engage their mediators without the attorney. Read on to learn more about how this process works, and if it will work for your situation.
Collaborative Divorce and How It Works
Collaborative divorce is a procedure where you and your partner each use the counsel of your collaborative divorce attorneys to work through the challenges in your divorce. This allows spouses to develop and implement arrangements that emphasize their most essential personal and shared objectives.
It is a judicial divorce method that enables couples to settle all aspects of their divorce without resorting to mudslinging and court battles. To settle on the important conditions of the divorce, such as asset and debt distribution, child custody, child support, and alimony, spouses will employ a combination of negotiation and mediation procedures.
How It Works
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Collaborative divorce processes start with a dialogue between divorcing couples to ascertain that they are both ready to cooperate and work collaboratively during the process
A collaborative divorce will not succeed if one or both parties fail to cooperate.
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The second phase is for each side to retain the services of an attorney
These attorneys then collaborate as well as the spouses over multiple sessions to establish equitable, mutually agreed-upon divorce arrangements. Typically, each session focuses on one divorce-related issue (for example, property distribution, child custody as well as support, alimony, and so on.) However, based on the situation and how difficult a particular subject is, working through a given issue may take a few sessions.
It's critical to pick a lawyer that has experience with collaborative divorce and is prepared to pursue alternative dispute resolution, such as mediation, instead of one who prefers to proceed to court and have the judge settle your unsolved problems.
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Next, have a private discussion with your lawyer to establish your goals for the divorce
Your discussion should cover how you want to split your possessions and debts, how you want to address custody of children, visitation, as well as support, and also whether either partner will assist the other following the divorce. When you or your partner holds a 401k or a pension plan, you need to talk to your attorney about how you want to distribute these funds.
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It is also important to note that during discussions, the participants or their lawyers can call in independent consultants
You or your lawyer should start putting together a team, which can include a divorce coach, a finance specialist, as well as a child expert. These experts will collaborate with you and your partner, making them joint consultants.
You might not require all three categories of experts, but when you have young children, you will almost certainly require at least one child expert. You'll have your collaborative divorce team set up once the lawyers and experts are in place, and they'll work cohesively to assist you and your partner identify the ideal alternatives to attain the desired settlements for the family.
For instance, each attorney can call in an accounting specialist who focuses on asset appraisal to defend their view of what comprises an equitable distribution of assets and obligations when negotiating the division of assets.
Calling in an expert, like an accountant, will often assist the partners in reaching an agreement by ensuring that each side has a thorough idea of the worth of the properties. When addressing an issue, both sides and their lawyers must be on the same page before the negotiations so that the utmost attempt can be undertaken to resolve the problem.
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After you've spoken to your lawyer, it's time to start multiple four-way consultations with your partner and his or her lawyer
Both sides (and their lawyers) will often sign a "no court" contract at your first meeting, which enables both lawyers to exit from your matter when either partner decides to leave the collaborative divorce proceedings and go to court.
Furthermore, the "no court" arrangement holds both parties accountable and provides a strong motive for the partners to communicate, even when the dialogue becomes tense. You'll have to employ a different team should your attorney or expert team leaves the matter, which can be very expensive.
Both of you will engage with your lawyers and/or expert team at successive sessions to review your goals and objectives throughout the divorce proceedings. Every time you and your partner meet up for a four-way discussion, you will be moving closer to your ultimate aim of a consensual divorce agreement.
You should willingly present your spouse with whatever information is required to complete negotiations, including financial records, employment, and income details, as well as all other property and debt details.
If you played a part in contributing to a 401k throughout your marriage, for instance, you must present your partner's lawyer with the most current financial details from that account. Because collaborative divorce does not allow for divorce discovery, you must depend on your partner's statement that he/she has presented you with all the important details. Collaborative divorce might not be ideal for you should you feel your partner will try to keep details from you.
Although it is uncommon to hide financial possessions during a divorce, when you do not declare your wealth during your divorce and your partner learns of your deception afterward, the court could reopen the case and revise the settlement.
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After you and your partner have settled on the conditions of the divorce, your attorneys will prepare a settlement deal for each of you to approve
Make sure you consent to all of the divorce arrangements before signing the agreement. The court will approve of the verdict if it is just and fair to both parties, and it'll become your official divorce judgment.
Collaborative divorce is distinguished from other forms of alternative dispute resolution, like arbitration, by the participation of committed attorneys defending each party. It also distinguishes the collaborative divorce procedure from a regular in-court divorce proceeding, which is handled by a judge.
Collaborative divorce is a good alternative since it emphasizes on de-escalation of disputes and the creation of mutually agreeable solutions for divorcees yet also being more constitutionally guarded than other prevalent ADR techniques like mediation. Furthermore, since the sides are willing to work together to settle a divorce instead of fighting each other through the proceedings, collaborative divorce is often less costly than contesting a divorce before a judge.
Filing For Collaborative Divorce in California
In a traditional divorce, you must submit divorce papers to a judge in your respective county in California. The court will then decide whether to pursue the divorce in court or to ask the litigants to try to address their issues through a procedure such as mediation before moving forward.
In collaborative divorce proceedings, the parties wait till the very end of the process to involve the court. It's crucial to talk to your partner about a collaborative divorce if you're thinking about it. Following such a conversation, we recommend speaking with a family legal advisor and learning more about collaborative divorce to determine whether it's suitable for you.
Should you and your partner agree that a collaborative divorce is the best alternative for you, you must each hire your attorney. Most attorneys are eager to refer their clients to other legal practices, thus when you have an attorney in mind, you could approach them for a referral for your partner.
Your lawyers will work together and review the case when you and your partner each have an attorney. If they believe collaborative divorce to be a good choice, they will talk to you about it and then begin the collaborative divorce proceedings.
Collaborative divorce, like mediation, works much better if both sides are prepared to negotiate honestly. Collaborative divorce is generally not for you when you intend to "have revenge" on your partner. Take into account that the goal is to create mutually beneficial, fair agreements between partners.
Is Collaborative Divorce Right For You?
There are numerous advantages to a collaborative divorce. It's fast because you and your partner may set the pace and there's no need to take much time waiting for a court hearing. It is less expensive than a typical divorce because there are no court charges involved.
Because you and your partner can agree on asset allocation and other conditions, it's also much more practical and equitable. You also affect the results and could have a pleasant process, which would be a wonderful choice when you have young children and would like to keep the devastation to a minimum.
Collaborative Divorce is also a confidential and private procedure. You will both have private discussions with your lawyer and develop a strategy for achieving your case objectives, just like you would in a conventional divorce. However, in collaborative divorce proceedings, those objectives are achieved without ruining your relationship with your partner.
Collaborative Divorce experts oversee this confidential procedure in an office instead of a judicial setting that gives the tools, framework, and mentally safe space required for divorcing spouses to evaluate their specific situation and reach a mutually-agreeable settlement–away from the public's view.
However, a collaborative divorce might not be for everybody. Many couples divorce since they can't get along, thus a collaborative divorce would be unlikely to be effective.
There could also be concerns that situations of domestic abuse, mental issues, and drug dependency will go unreported during a collaborative divorce. Because persons in these groups are usually incapable of making sound decisions, one side could end up with a larger portion of the properties.
Both parties must reveal all possessions and current debts during a collaborative divorce. Some people hide bigger assets so that they cannot be divided in a divorce proceeding, which could be a problem. Both partners must work diligently to speak openly and honestly. However, it is typically a lack of honesty that causes couples to divorce, to begin with. Working with " rather than against" your partner is a requirement of a collaborative divorce, which is often easier said than done.
Whether or not you should pursue a collaborative divorce is determined by each spouse's perspective on the procedure, readiness to agree, and capacity to work collaboratively. When you and your partner have a pattern of physical violence or are unwilling to communicate, you will almost certainly want to petition for a disputed divorce, which centers on what every spouse is legally entitled to.
However, when you and your spouse are both ready and able to put your differences away and reasonably negotiate the terms of your divorce, you could be able to save time as well as money by utilizing the collaborative procedure.
Divorce is difficult, and both parties are likely to feel strong emotions as the marriage comes to an end. Although both partners will rarely believe that they got all they intended out of the process, a collaborative divorce enables the spouses to retain control over how to handle the important divorce matters without the need for third-party involvement (that is, the judge.)
Frequently Asked Questions On Collaborative Divorce
The following are some frequently asked questions regarding the collaborative divorce process:
What is Expected of a Spouse Considering a Collaborative Divorce?
One party can start the collaborative divorce proceedings by speaking with a collaborative divorce attorney, who will then provide collaborative divorce details to the other partner or, when there one exists, to the other partner's lawyer. Both parties will eventually be required to sign an agreement that compels them to adhere to the notion of collaborating with the other partner as well as all other members of the team in an honest, open, and trustworthy environment to create a just and equitable settlement. During the collaborative divorce, each party will have the chance to practice new skills such as budgeting and putting the divorce past them so they'll go on with their lives.
When Compared to a Contested Divorce, How Long will a Collaborative Divorce Take?
A contested divorce can take several years to complete, based on the number of applications on the court's schedule when the case is granted. A collaborative divorce could progress quickly if both spouses attend all the meetings, present all required paperwork, and acquire any required information. The Judgment of Dissolution in California can't be issued until 6 months after the court papers have been issued.
Collaborative divorce processes are often set for judgment entry before the conclusion of the waiting period; it rarely takes longer than a year.
Is a Collaborative Divorce More Expensive Or Less Costly than a Traditional Divorce?
A collaborative divorce is usually far less costly than a court-ordered divorce. It's harder for one partner to keep attorneys' fees down in a contested divorce because the other partner and his/her lawyer serve as an adversary, with the motivation to set the terms, file petitions, and even act in retaliation for any aggressive actions by the other spouse.
Funds that would have to be split between the couple are spent on two attorneys drafting and submitting papers, going to and from the courtroom, waiting in the packed family courtroom for your case to be heard, and presenting motions which are always expensive, but could also be expensive in increasing anger and resentment between the couple, as well as disturbing to the peace of the rest of the family. In addition, if one partner hires an appraiser or any other financial consultant, the other could be pressured to hire one as well.
Collaborative Divorce Vs. Contested Divorce. Which Results in a Better Settlement?
A collaborative divorce settlement is usually able to run more successfully since it was reached through a procedure of cooperative and cordial negotiation, leaving both parties in a more pleasant condition and better prepared to move forward with their lives.
Since the settlement is the outcome of a thorough and intentional process, as well as experimenting along the process, demands for modifications are uncommon.
Find a Divorce Attorney Near Me
It makes no logical sense to spend a huge amount of time and money litigating in court when you and your partner wish to end your marriage. In-court divorce proceedings are costly and could put your family through unnecessary difficulties.
San Diego Family Law Attorney is dedicated to helping you and your partner undergo collaborative divorce proceedings and find solutions that are both amicable and reasonable. Our team is made up of highly skilled divorce attorneys who are dedicated to our client's emotional and financial goals for both now as well as the future. Good divorce settlements are the result of both sides consenting to a fair and mutual settlement and we are dedicated to assisting you in achieving this in the right way. Call us today at 619-610-7425.
