A Reliable California Attorney Providing Legal Assistance During Collaborative Divorce
Collaborative divorce allows both spouses to reach a settlement outside of court, avoiding the time-consuming and expensive processes associated with going to trial. During a collaborative divorce, both spouses work with attorneys who are skilled in handling these matters in a cordial, non-adversarial manner. Ideally, the meetings between spouses and their attorneys can take place without the need for a third-party moderator.
The Law Office of Rebecca Medina is a trusted source for representation in collaborative divorces in the Fresno area. We invite you to contact us to learn more about how we can help you.
The collaborative divorce process
Collaborative divorce in California involves a slightly different process than other forms of divorce, as it involves more direct participation from each spouse in the negotiation process. At the outset, the spouses and their respective attorneys sign a “no court” collaborative divorce agreement, indicating their commitment to work together toward achieving a mutually suitable settlement. The agreement often requires attorneys to withdraw from the case if either spouse ends the collaborative process and decides to go to court.
This agreement serves as an extra incentive to follow through with the collaborative aspect of the process. If all attorneys are required to back away from the case if settlement negotiations fail, going to court would require hiring a brand-new legal team and starting from scratch.
Most of the important steps in a collaborative divorce occur in meetings. After each spouse has met individually with his or her own attorney, both spouses and their attorneys attend four-way meetings until they can reach a settlement. Other individuals, such as a divorce coach, neutral financial advisor, or child psychologist, could be brought in for specific issues related to the divorce.
Frequently asked questions on collaborative divorce
Below are answers to some of the most common questions we receive at our Fresno collaborative divorce law firm:
Q: What are the benefits of the collaborative divorce process?
A collaborative divorce saves you time and money, both of which are precious resources in the divorce process. It takes place in a much more informal setting than a trial and allows for a more open and honest exchange of information. Best of all, it gives you more control over the results of your divorce, rather than leaving it up to a judge.
Q: How does collaborative divorce differ from mediation?
In a mediation, each spouse’s attorney will rarely be in the room with them. Mediators are neutral and do not provide legal advice — they are simply facilitators. Attorneys in a collaborative divorce are your legal advocates.
Q: What kind of information do I need to exchange during collaborative meetings?
All documents that would typically be exchanged in court for a divorce are also exchanged in a collaborative divorce setting. These include sworn statements of net worth, licenses, real estate holdings, property disclosures, account statements and anything else that could help each party to determine what would be an equitable divorce arrangement.
Q: Is collaborative divorce the best option for me?
This depends largely on the circumstances of your divorce and your relationship with your spouse. If you have an extremely contentious relationship with your spouse or there has been a history of abuse, collaborative divorce may not work. However, if you and your spouse are at least on speaking terms and believe you can work together respectfully, collaborative divorce can be highly beneficial, less stressful and less costly.
Contact our firm for more information
To learn more about collaborative divorce and how it could benefit you, contact a trusted Fresno divorce lawyer at The Law Office of Rebecca Medina today. Our team has years of experience handling collaborative divorce cases and can help you achieve a positive outcome