Who wants to fight about a divorce when both parties are intent on leaving the marriage? This is a question that many people encounter when faced with dissolving a marriage. Indeed, each divorcee may want to leave with their fair share of the marital estate, but more often than not, there are debts to be taken care of; and when the number of debts exceeds the parties’ assets, disputes can arise.
This is when collaborative divorce can be a helpful tool in resolving a party’s differences. Essentially, the collaborative process is where divorcing parties actually pledge to use the process to find solutions to their problems instead of legal remedies for perceived wrongs. Unlike the traditional, adversarial process, the parties jointly use resources such as financial specialists, mental health professionals and attorneys to answer questions and help to negotiate solutions to disputes.
Every professional in the collaborative process commits to helping the parties reach a mutually acceptable agreement. The professionals have no hidden agenda and are disqualified from representing in the future in taking the clients to court. The professionals as a team are committed solely to help the parties through a difficult time.
Parties seeking to go their separate ways will not have to worry about the emotional angst and high cost of litigating disputes based largely on their disdain for each other. After all, life goes on after a divorce. Why not be financially prepared for it?
Unlike litigation, escalation between parties is minimized and the parties are encouraged to share their respective goals and objectives in a more informal way (without ever going to court).
If you have questions about the collaborative divorce process and how it relates to divorces in California, an experienced family law attorney can help you.
The preceding is for informational purposes only and is not legal advice.