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Why Collaborative Divorce Works


Although going through a divorce is never pleasant, it is also true that when you and your spouse work cooperatively the outcome is likely to be the best possible for both of you. That’s what collaborative divorce is all about: discussion instead of altercation and negotiation instead of argumentation.

Collaborative divorces still involve an attorney and each spouse will have their own lawyer, as well as the assistance of financial neutral and divorce coach. The difference is that your lawyer, and to the entire team, is there to help you reach a mutually acceptable settlement, not as a litigator. (When choosing an attorney, be sure to select somebody who is a collaborative law attorney and is passionate and invested in the process). In addition to saving you and your family the emotional wear-and-tear of a divorce in court, collaborative divorces can be less expensive.

Collaborative divorce works because:

  • You and your spouse get to decide what’s best for you and your family: Who would you rather be the decision-maker regarding which parent your children will spend a holiday with, who will get the house or the car or the art collection, or how much spousal support is appropriate: you and your spouse, or the judge? While there will be plenty of back-and-forth and both parties will have to make compromises, you will both be more satisfied with the outcome in the long run.
  • The focus is on solutions, not fighting: Ultimately, fighting costs money and time and creates little more than stress and anxiety. By definition, collaboration means teamwork, where both parties and their team pull together to reach a goal, rather than pulling each other apart. Instead of focusing on the problems, in a collaborative divorce, couples are encouraged to look for solutions. The majority of divorcing couples are able to reach agreement on all issues.
  • There is direct communication: In a contested divorce, virtually all communication regarding the divorce is done through the lawyers. It can be a waste of time and money and often results in miscommunication. In collaborative law, the team of attorneys, financial neutral and the divorce coach are committed to making the process transparent and utilize tools to ensure that effective communication takes place at meetings.

In short, you make a plan to talk everything out and reach a mutually beneficial settlement that holds the welfare of the family as the top priority.

Is collaborative divorce in California the right choice for you?

Discuss your situation with an experienced Fresno and San Diego collaborative law attorney. Contact the Law Offices of Rebecca Medina at 559-324-5427 in Fresno or 858-285-4315 in San Diego today to explore your legal options and divorce strategies.

Rebecca MedinaAbout the Author: Rebecca Medina

Rebecca Medina is an experienced Family Law attorney, mediator and Collaborative Divorce Lawyer serving the Fresno and San Diego areas. She handles cases ranging from complex divorce matters to child custody, spousal support, prenuptial/postnuptial agreements, QDROs and uncontested divorce cases. She was rated “Clients’ Choice” by Avvo.

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