Separating from a partner or spouse can be a difficult and painful decision, often made more distressing by the divorce process itself. If you fear the prospect of a long, contentious court battle, you may consider collaborative divorce as an alternative option.
Collaborative divorce offers an appealing and effective alternative to potentially hurtful and costly court battles. If you and your partner are considering a divorce, take the time to talk to our attorneys about our collaborative divorce services to discover how we can make the process faster, simpler and less emotional for everyone.
What is collaborative divorce?
The California Court recognizes that not all divorces require parties to go to court to resolve differences. Sometimes the simplest solution is to come to an agreement on your own.
Collaborative divorce is an out-of-court process intended to help couples find common ground concerning the financial, parental and legal aspects of their divorce. During the collaborative divorce process, partners work with separate attorneys and consult relevant outside professionals.
A collaborative divorce team often consists of an attorney for each partner, a divorce coach, a financial advisor, and a child specialist or psychologist, if needed. All involved parties must sign a Participation Agreement and agree to make a good faith attempt to resolve disputes during the collaborative process.
How does the collaborative divorce process work?
The collaborative divorce process should begin with a conversation between you and your partner to ensure you are both willing to commit to a collaborative divorce process. If either partner is unwilling to communicate or negotiate, the collaborative process is unlikely to succeed.
Once both parties have agreed to a collaborative divorce, you will need to assemble your team. Each party should retain an attorney with experience in mediation or collaborative divorce procedures. You will each meet separately with your lawyer to discuss your desired outcomes.
After meeting with your lawyers, you will begin to assemble any non-lawyer experts needed to facilitate the process. This often includes a divorce coach, a financial advisor and a psychologist or child specialist to help ensure your divorce is as easy as possible for everyone involved.
Once your team is assembled, everyone will have to sign a Participation Agreement, stating that all will give a good-faith effort to resolve matters together rather than in a court of law. Should negotiations reach a stalemate or fall apart, this agreement will force the attorneys to withdraw from the case and require you to retain new representation.
Your entire collaborative team will meet together and negotiate as many times as needed until you have arrived at a mutual settlement that both partners can agree to. Once divorce terms have been negotiated, your lawyers will create a settlement agreement for both you and your partner to sign. This agreement will be submitted to Family Court where a judge will sign it, making it your final judgement of divorce.
Why should I consider collaborative divorce?
Collaborative divorce often offers a more favorable and less stressful process than adversary judicial intervention. If you and your partner are willing to communicate openly and honestly and act rationally, then you will likely find that a collaborative divorce is faster, cheaper and a more pleasant experience than otherwise.
You may want to consider a collaborative divorce if you and your partner are separating under amicable circumstances, want greater control over the divorce process, and are willing to treat each other fairly and respectfully.
The benefits of collaborative divorce
Besides being potentially faster and more cost-effective than a contested divorce, collaborative divorces offer unique benefits such as:
- Greater control over the divorce process
- A tailored approach to your unique situation, needs and goals
- The potential for fewer stressful or emotional situations
- The ability to work closely with professionals who can help you prepare for the future
- Expert advice regarding debts, budgets, support, visitation schedules and more
- Cooperation between partners, which will benefit your family in the long run
- A recognition that you have treated your partner fairly
- A healthier mental state
- Increased privacy
- An informal setting that facilitates conversation
When it comes to divorce, our team at Heath Baker Law understands that adversarial litigation is not the only option. If you and your partner are interested in learning more about our collaborative divorce services, contact us today at (951) 222-2228 or via our online form to learn more.
FAQs
What is the difference between mediation and collaborative divorce?
The main difference between mediation and collaborative divorce is the introduction of outside, non-lawyer experts. Collaborative teams often include several non-law specialists, while mediation often requires a single, shared mediator.
How will collaborative divorce affect my children?
Divorce is seldom easy, especially for children. Fortunately, the collaborative divorce process is less likely to be harmful to your children than adversary litigation would be. The collaborative process works based on values such as respect and communication, which not only benefit you but your children as well. Further, collaborative teams include child specialists who will give your children a voice during negotiations to ensure that their needs and desires are taken into account.
What happens if my partner won’t participate in a collaborative divorce?
If your partner is not willing to participate in a collaborative divorce, you may have to consider other options. Collaborative divorces will only work if both partners are willing to negotiate openly, honestly and with respect for each other.
What couples are the most suited for collaborative divorce?
Couples who are eager to make a good-faith effort to cooperate during the divorce proceedings are most likely to experience a successful collaborative divorce.
What happens if my partner and I can’t reach an agreement?
If you and your partner fail to reach an agreement over any element of your divorce, it may be necessary to take your case to court. In this situation, your attorneys and the collaborative team must be removed from the case and you and your partner will be required to find new representation.
How effective is the collaborative divorce process?
A successful collaborative divorce depends on you and your partner. If you are both willing to make the effort, you can expect to enjoy the many benefits of a collaborative divorce.
Learn more about the collaborative divorce process from the Law Office of Heath L. Baker
If you are preparing for divorce or legal separation from your partner or spouse, reach out to us today to learn more about how we can help you through the process.While we believe that collaboration and mediation are among the most effective divorce options, our expert lawyers are prepared to assist you no matter your situation or the services you need. Contact us today at (951) 222-2228 to learn more.