When a marriage is ending in divorce, couples have a choice about how to proceed with their case. Sometimes, divorcing parties will want to end their marital relationship with as little conflict as possible. One option for couples in this situation is to have a Collaborative Divorce. If you have never considered or heard of this divorce model, you may be wondering: What is a Collaborative Divorce, and is it right for me?
What is a California Collaborative Divorce?
A California Collaborative Divorce is a low-conflict divorce alternative that involves both parties working with neutral professionals to clarify and resolve the issues in their case. This type of divorce usually involves each side being represented by a specially-trained Collaborative Divorce attorney and sharing all necessary case information. They will also utilize the services of various professionals during the process. Additionally, couples will usually enter into an agreement that establishes how they will work together during their case.
Collaborative Divorce and Neutral Professionals
The types of professionals who assist during a Collaborative divorce will depend on the couple and their circumstances. For instance, those with complex financial holdings may benefit from working with a stockbroker or accountant. A couple with significant real estate holdings may need the help of a property appraiser and realtor. Parents of minor children often use the services of family and child therapists. In some circumstances, a therapeutic professional may be able to help the couple understand each other’s perspectives.
During a Collaborative divorce, these and other relevant professionals can help by assessing and presenting information to help the parties make informed decisions. The idea is that the former couple will be able to use these services to clarify their issues and work cooperatively to settle their case.
Is a Collaborative Divorce Right for Me?
Collaborative Divorce can be highly effective and beneficial for both parties. However, this type of divorce requires former spouses to be equally committed to understanding each other’s perspectives and working cooperatively. If you and your ex share the same goals and believe you can work amicably, you may want to consider using this process.
However, wanting a low-conflict divorce doesn’t necessarily mean that Collaborative Divorce is the right approach. This option may not work for parties who want to settle without emotionally working through their differences. Parties in this situation may benefit from using mediation instead of Collaborative Divorce.
Mediation or Collaborative Divorce?
Mediation involves both sides working with a trained mediator who will help them attempt to reach a settlement. Unlike Collaborative Divorce, mediation does not require the parties to be cooperative. Instead, the process operates more like a prolonged negotiation that a neutral mediator facilitates.
Negotiation
Further, if you and your ex agree on most issues, you may not need to use the Collaborative Divorce model or mediation. Under these circumstances, you and your divorce attorney may be able to negotiate a divorce settlement without using either of these processes.
Determining the best divorce California divorce options for your case can be complicated. The best way to evaluate Collaborative Divorce and your other alternatives is by consulting with an experienced California divorce attorney.
Contact an Experienced California Divorce Attorney
The attorneys at the Law Offices of Judy L. Burger are experienced California divorce attorneys who can help you during all phases of your divorce. We understand Collaborative Divorce and your other case options. Our firm assists clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.