It is an understatement to say that divorce is, under the best of circumstances, not easy. A lengthy and often complicated legal process is absolutely the last thing anyone wants to deal with while also trying to continue with the process of grieving and healing. Of course, it almost goes without saying that every divorce case is likely to be pretty different from the next in at least a few key details, and the process can equally be easy and quick or it can be painful, drawn out, and hard-fought.
In the case that you and your partner need to dissolve your marriage, and are lucky enough to be in a position where you can both still communicate in a healthy and effective way, you should strongly consider looking into the collaborative divorce process in California.
This article will explore all the relevant information you should be aware of if you’re in this position and considering a collaborative divorce, from basic understandings of what this process actually is, the pros and cons in comparison with more traditional divorce proceedings, and the actual steps involved in the legal process.
What Is Collaborative Divorce?
Collaborative divorce in California is a legal process where consenting, civil adults can mutually resolve the details of their separation on their own terms and behind closed doors, rather than in the public eye of a court trial. The negotiation process covers all the typical elements that are involved in legal separation such as custody and childcare issues, division of property, and issues such as alimony.
Again, similar to a traditional divorce proceeding, both parties will need to get their own separate lawyer to represent their interests, and will typically sign a binding legal agreement to respect and adhere to all the decisions made during the proceedings.
Beyond that basic similarity to “normal” divorces, collaborative divorce can often allow more flexibility in the exact details of who talks with whom and how the actual negotiations proceed. While some cases will involve negotiations involving both separating partners and both their lawyers, almost any combination of the involved parties is possible. Often, both exes will make their desires and goals clear to their lawyers, who will then go on to negotiate by themselves.
Both parties can also include relevant non-legal experts in the proceedings as needed. Frequently this includes professionals such as accountants to argue a financial point, or a psychologist to offer insight into say, the mental health of involved children.
Process of Collaborative Divorce in California
Before looking over the pros and cons of collaborative divorce, let’s take a moment to explore the specific steps of the process.
Initial Agreement for Collaboration
Naturally, the very first step involved is deciding that both you and your ex are willing and able to take the collaborative divorce approach. The process can only work if both parties agree to it, are able to communicate and compromise on some level, and agree to accept a collaborative outcome rather than a contentious, hard-fought court case.
Recruiting Professionals (Legal and Non-Legal)
As with any legal process, one of the first steps will involve finding trustworthy legal representation. Hiring a bad lawyer, or worse, trying to represent yourself are a couple of the biggest mistakes people make during their divorce.
In addition to being trustworthy, the best lawyers for a collaborative divorce are open to mediation and compromise. A lawyer who routinely encourages taking aggressive action such as intentionally being the first to file for divorce or pushing assertive demands will likely not be well suited to the collaborative process.
In addition to hiring lawyers, these early stages are typically the time to assemble any relevant outside experts (accountants, psychologists, etc).
Documentation & Discussion
Once all parties are ready to go with their legal teams, the first step in the process is to sign off on a “no-court” agreement. This essentially guarantees that, if negotiations break down and collaboration proves impossible, both parties agree to drop all previous discussion and find new legal representation in order to provide a blank slate for the upcoming court proceedings.
Both parties will also gather and present all the relevant documentation for their cases (tax returns, receipts, retirement plan info, etc.)
Settle & Sign Final Agreement
Finally, when all parties are satisfied that they’ve reached a fair and appropriate resolution, both lawyers will create an official legal document declaring as much, which will be filed with all other relevant divorce paperwork. This agreement becomes legally binding once the judge reviews and approves the divorce.
Advantages and Disadvantages Compared to “Traditional” Divorce Proceedings
As with essentially any legal proceeding, a collaborative divorce has both advantages and disadvantages when compared to other legal options.
Pros
- Privacy —The first and most obvious benefit of collaborative divorce is that it offers much more privacy. Generally speaking, dissolving a marriage is a private, personal matter, so it’s easy to understand why working with only your ex and the lawyers is preferable to airing dirty laundry and scrapping in court.
- More Mutually Beneficial Results —Divorce has some notable overlap with the concept of the prisoner’s dilemma – a contentious, highly competitive divorce can often lead to a huge win and a major loss for one party or the other. On the other hand, mutual collaboration will frequently produce mutually beneficial results for both parties.
- Less stress —It’s an obvious point, but a separation managed by two calm adults coming to an agreement is much easier on everyone involved than a belligerent, contested one. This is especially visible for other family members affected by the separation, most especially younger children.
Cons
- Potential for Increased Expenses —If your case is particularly complicated, involving much splitting of shared funds or very particular divvying up of assets in fine detail, negotiations can drag on a long time, leading to increased spending on lawyers and experts for both parties.
Additionally, costs can quickly inflate if negotiations do break down: both parties will have to pay for the services of the collaborative process lawyers, as well as the time, energy, and expense of hiring a new lawyer in preparation of long and expensive court proceedings.
- Requires True Collaboration —Not exactly a downside so much as it’s a requirement: you and your ex must truly be willing and able to communicate, compromise, and agree to terms of your separation. This requires true honesty and introspection from both of you!
Trust the Experts at The Gorski Firm For Your Collaborative Divorce
If you are considering a collaborative divorce, look no further than the dedicated legal experts at The Gorski Firm. Specializing in divorce and with decades of combined experience, let us help make your separation as easy and inexpensive as possible!
Contact us today for a consultation.
