The basics of collaborative divorce in California

On Behalf of | Dec 13, 2021 | Uncategorized |

It’s no secret that the process of divorce can be an emotionally devastating experience. Thankfully, there is a way to make it less painful known as collaborative divorce. If you’re facing a divorce and are ready to work together with your spouse to reach amicable resolutions about all aspects of your marriage, keep reading.

What is collaborative divorce?

Collaborative divorce is a process of negotiating a settlement for your divorce to reach mutually acceptable agreements regarding all aspects of the divorce, from property division and child custody to alimony and parenting plans

In this process, there are no winners or losers because everyone comes away from the negotiations with an agreement that is acceptable to each of them. This process differs greatly from litigation, where one spouse typically has more bargaining power than another and may be less concerned about reaching a fair settlement.

How does the collaborative divorce process work?

Both spouses and their attorneys sign a Participation Agreement in which they commit to working together through the entire process. This agreement also requires that both sides disclose all relevant information so that there are no surprises down the road.

The negotiation process begins with each spouse presenting their proposals and then negotiating back and forth until they reach an agreement. If the process reaches a stalemate, both spouses can bring in outside professionals, such as financial planners or therapists to help them resolve their differences.

What are the benefits of collaborative divorce?

There are many benefits to choosing the collaborative divorce process over litigation. Firstly, the process is typically cheaper than litigation. Secondly, there is no loss of privacy, like in the traditional court process where everything you say to your spouse or their attorney becomes a public record.

Collaborative divorce also provides both parties with more control over how they’re portrayed during negotiations. Lastly, collaborative divorce allows the divorcing couple to make decisions that are best for them and their children without having a judge impose his or her will.

Ultimately, a collaborative divorce ensures that both spouses feel heard, respected, and appreciated during what is likely to be a difficult time. If you’re considering divorce, you should consider exploring the collaborative process.