One of the most important things that need to take place in order for a divorce to proceed smoothly and peacefully is conflict resolution. With emotions running at their highest level, the chances of getting into arguments over every little issue are pretty good.
If you decide that your marriage has come to an end, the divorce process in court is not your only option under California law. Collaborative divorce allows you and your spouse to settle your differences with assistance and stay out of the courtroom. Making the decision to go this route can shift the emotional focus from combative to compromising.
Collaborative Divorces in California Defined
A collaborative divorce is a relatively new concept that is formally taking shape throughout the legal system. In a collaborative divorce, you and your spouse agree to keep your divorce out of the courtroom. You execute a legally binding contract that expresses both of your desires to divorce via a collaborative law at the onset of the proceeding.
How a Collaborative Divorce Works
When you and your spouse decide to go through the collaborative divorce route, you will each be responsible to hire your own attorney to represent you throughout the process.
Your attorneys will be specially trained in how to take both of you through the collaborative divorce process and to negotiate all of the issues required in your divorce.
If you and your soon-to-be ex-spouse cannot resolve everything collaboratively, your attorneys cannot continue to represent you in the divorce. You will need to find new legal representation and must start the divorce process all over.
The Benefits of Choosing a Collaborative Divorce
Going through a typical divorce process that involves taking your fight to the courtroom can mean that both you and your spouse may result in losing. A judge will not know the details of your circumstance other than what he or she reads in the documents. Even then, the judge will not be intimately familiar with the issues surrounding your divorce and the details of your life. As such, without a personal touch, the court process can seem cold and uncompromising.
On the other hand, a collaborative divorce process allows you and your ex-spouse to have an input on how you want things to look once your divorce is final instead of a judge telling you. This allows you to have more freedom with issues such as:
- Division of property
- Child custody and visitation rights
- Retirement plan division
- Business liquidation or retention
Call an Experienced Central Valley Divorce Attorney
If you are going through a divorce or planning to file for divorce, it is important that you have a knowledgeable attorney fighting for your rights. For more information or to schedule a complimentary consultation with a Central Valley divorce attorney, please call Gurjit Srai (209) 323-5558 or (559) 449-1447, or complete our online form.