Collaborative Divorce Law in California
Highly-Trained Mediators in San DIego, CA
Most people have a misconception of divorce, believing that it is almost always resolved in court before a judge. This is normally only true for contested divorces, or divorces that require a court to make orders or enforce an agreement. In actuality, many divorces can be resolved in meeting rooms and around tables rather than before a bench.
If you're on good terms with your spouse, despite seeking an end to your marriage, then litigation may not be for you. For many spouses, it is far too slow (thanks to the glut of cases requiring family court judges) and far too costly for what they need. That is why Family Law San Diego offers an effective alternative: the collaborative divorce.
What Is Collaborative Divorce?
At its most basic, collaborative divorce is a meeting between both spouses and their "team," which includes their attorneys and may include a financial planner, a child psychologist, and other relevant specialists. This team meets together in order to craft a divorce agreement that both spouses must agree to.
This approach takes into account each spouse's total well-being: mental health and emotional state, financial future, child custody/visitation, and all other areas of a divorce. Rather than pitting spouses against each other, it allows them to work together and create terms that they both can live with.
At any moment, either spouse has the ability to walk away from the process. However, collaborative divorces are designed such that both spouses will have to find new lawyers if they resort to litigation. That provides a little extra motivation to craft a mutually-beneficial divorce arrangement.
The Benefits of Collaborative Divorce
Collaborative divorce puts the fate of each spouse in their own hands. Litigation often has unpredictable outcomes that are out of your hands by the end. If the judge hands down a ruling that you find unfair, you will still have to abide by it - that is the nature of court decisions. In contrast, collaborative agreements are entirely under the control of the spouses. You can determine your family's future down to the last letter.
Here are some of the benefits of collaborative divorce:
A Collaborative Divorce Is More Cost-Effective Than Battling it out in Court
In California, the average divorce costs around $17,500. For contested divorces in which spouses adamantly disagree on the terms of the divorce and engage in a drawn-out divorce battle, or in situations where couples share children, that cost can easily double or triple.
Needless to say, for many spouses, divorce is a significant investment. But is it an investment you should make? For most divorcees, the tens of thousands spent on divorce would be more helpful going toward housing or a similar expense.
Like mediation, collaborative divorce is often a far less expensive alternative to an in-court divorce. Collaborative divorces don't involve in-court hearings like a traditional contested divorce, which drastically cuts down on the costs.
Additionally, since collaborative divorce is about helping two spouses negotiate equitable terms for the dissolution of their marriage, the process is often shorter than an in-court divorce. Attorneys also typically charge less to represent divorcees in a collaborative divorce than an in-court divorce, since collaborative divorces are less combative and require less of a time investment from the lawyer. All of these factors greatly reduce the cost of a collaborative divorce, especially compared to a traditional divorce in court.
Collaborative Divorce Is Less Stressful than an in-Court Divorce
Because the focus of a collaborative divorce is on helping the parties come to a mutually beneficial divorce arrangement, it's inherently less stressful (and combative) than an in-court divorce, where divorcees are often at each other's throats.
If you want to maintain a positive relationship with your soon-to-be-ex moving past your marriage, collaborative divorce can help you achieve that goal.
More importantly, engaging in a collaborative divorce makes it easier to stay mentally and physically healthy during your divorce by reducing the emotional turmoil of the process. That's important because it helps you lay the best foundation for your life moving past the divorce. Collaborative divorce can give you the fresh start you need.
Collaborative Divorce Is more Legally Secure than Mediation
Mediation is another popular form of ADR, and it's a fantastic option for many couples. However, in mediation, the mediator cannot give legal advice. To obtain counsel during mediation, you must hire your own mediation attorney.
Because both parties have a dedicated attorney during a collaborative divorce—and those attorneys are the individuals facilitating the compromise—collaborative divorce can be more legally secure or protective than mediation. That makes it a great tool for individuals who want to remain amicable with their soon-to-be-ex while simultaneously securing their own best interests.
We Can Help You Make the Right Choice
As one of the premier family law firms in San Diego, we are always looking for ways to achieve the best results for the lowest burden. Collaborative divorce is one of the ways we achieve that.
As skilled litigators, mediators, and negotiators, our firm is prepared to handle any type of family law case.
Working together, we pull from our unique backgrounds and resources to achieve the best results possible.
We create tailor-made solutions to fit the unique needs of every client and help them move forward favorably.
We are committed to serving a diverse clientele, all the while protecting the interests and fulfilling the needs of clients.
I would absolutely recommend this firm!- Gerilyn H.
It was a joy to work with him and the entire firm!- Nina F.
We were successful, despite the opposing party's contention. Thank you again to Garrison Kleuck and his entire team.- Jennifer B.
I appreciate all the hard work everyone demonstrated during my legal issue, first and foremost Garrison!- Jean M.
It feels good to have you on our side.- Kevin