
Litigation is costly, and it involves an escalation of intensity in legal disputes, “a winner takes all” motif. California wants to prevent divorce disputes from getting out-of-hand and prevent unnecessary costly and time-consuming litigation. If every divorce case was litigated the courts would be jammed for decades. People need to get on with their lives and the courts have other important matters to deal with.
Collaborative divorce law and divorce collaboration are when both parties agree to negotiate their division of marital assets without litigation. This allows the spouses to settle their divorces quickly and fairly with the best outcome for all concerned, which often includes children and custody issues.
How does collaborative divorce law work? Well, attorneys trained in collaborative law, who also know the case law surrounding divorce law work with financial professionals and coaches to help the parties with their mutual interests. This avoids unnecessary conflict and also turns out to be very good for the children. Divorce collaboration tends to mend fences rather than having all the hard work of the past reduced to rubble, as financial assets diminish and children are left with emotional scars.
Collaborative law is two steps below litigation and one step below mediation. Some consider it a form of alternative dispute resolution. Divorce collaboration focuses on solving problems without escalating the conflict. It often involves additional side contracts between parties that are attached to the divorce settlement. If done correctly, spouses can often settle the entire divorce without ever going to court – a truly amicable divorce.
If all this sounds good to you, and it should, then it would be wise to find a divorce law firm that specializes in divorce collaboration. It will save you thousands of dollars and prevent animosity. It will also set you up in a better condition as you move forward to the next step of your life.
What if it doesn’t work? Well, if it doesn’t work, then the collaborative lawyers will withdraw from the case. The spouses can then hire new attorneys and move to litigation or court-ordered mediation.
During the divorce collaboration meetings and negotiations, everyone, including all of the attorneys are there for the right reasons, to settle the divorce amicably. To work together for a common cause and fair resolution. Are you beginning to see the benefits of collaborative divorce and why so many people are choosing it as their first option and best choice?