Collaborative Law FAQs
Learn More About Divorce Solutions
Much like cooperative divorce or even mediation, even a collaborative divorce
can feel very overwhelming or difficult to handle. If you are currently
considering divorce solutions and think that a collaborative divorce may
be the right option for your family, then rest assured that you do not
have to face this upcoming chapter of your life on your own.
Our Irvine divorce mediation attorney has answered some frequently asked
questions regarding collaborative law and
collaborative divorce, and how these legal issues can influence your decisions. If you do not
see an answer to your particular question, then we would be happy to speak
with you confidentially.
Contact the Center for Mediated Divorce
today at (714) 706-3992
.
Our Irvine Divorce Mediation Lawyer Answers Your Concerns
How does the collaborative divorce process differ from mediation?
In mediation, the couple meets with a neutral third party to help reach
a settlement. The participants advocate for themselves, occasionally consulting
an attorney outside of the mediation process. The mediator cannot give
either party any advice or advocate for either individual. In the collaborative
process, each spouse has his / her own full legal representation from
the beginning.
What if an agreement cannot be reached during the collaborative divorce process?
Couples who choose collaborative divorce sign a participation agreement
with their attorneys stating their commitment to resolve all differences
and issues related to the divorce outside of court. If the case does not
settle, the attorneys must withdraw and the clients must hire new attorneys.
Collaborative attorneys can only work within the collaborative process.
Who should consider the collaborative divorce process?
Couples who are determined to be respectful and ethical toward the other
are good candidates for the collaborative divorce process. If both parties
are willing to work with each other to agree on decisions and to work
towards creative solutions for actual needs, not abstract desires, then
collaborative divorce may be a good choice. Lastly, if couples commit
to the process and agree not to go to court, then collaborative divorce
could be a good option.
What are the benefits of the collaborative divorce process?
The collaborative divorce process is designed to be much less confrontational
than traditional divorce. Because the collaborative divorce process focuses
on settlement in a non-confrontational environment, couples are less stressed
and typically experience a lower anxiety level, so they are better able
to focus on the important issues. Collaborative divorce also offers much
more privacy, because there are no hearings, court transcripts or court
filings. Nobody's dirty laundry is aired in full public view, as often
occurs with a traditional divorce.
Will I stay in control over my divorce during a collaborative divorce approach?
The collaborative divorce process gives the parties full control, and
settlements are reached when both spouses agree on the issues. The non-combative
atmosphere also diminishes hostilities and anger and usually helps foster
a better, more civil relationship after the divorce is over, especially
when children are involved.
Have more questions? Call the Center for Mediated Divorce at (714) 706-3992!
Consider the following resources to learn more about your
divorce options:
If you still have questions or concerns about divorce alternatives, we
are here to help.
Call our collaborative divorce attorney or
request a free consultation
to get started.