Divorces can be stressful, challenging and sometimes even tedious, especially at the beginning of the year. When one spouse does not wish to divorce or cannot agree with the settlement, they create a situation where the couple must now go through a contested divorce. This process can be drawn out and very expensive, which is why it’s beneficial to seek alternatives.
Some divorces can be settled outside the courts, with each spouse reaching an agreement with the help of their attorneys, like in collaborative divorce situations.
What is Collaborative Divorce?
Collaborative divorce is a method used during the divorce process to settle any disputes, making the process as uncontested as possible. During a collaborative divorce, each spouse brings their own attorneys to help reach a comprehensive agreement. Each legal team is specialized in the collaborative process with the only goal of settling the divorce.
Collaborative divorce takes many things into consideration, including one’s mental health, emotional well-being and the factors surrounding childcare, among all others. There is also no commitment to follow through with a collaborative divorce; a spouse can walk away at any time. However, if a divorce cannot be settled through collaboration, the legal teams both withdraw from the case and the spouses have to find other attorneys to take their now contested divorce to court.
How Can Collaborative Divorce Help Me?
In order for a collaborative divorce to happen, each spouse must agree to attempt to work together, which is a great starting point! In fact, any measure taken by the spouses to lessen the possibility of having to take a divorce to court is valuable. Collaborative divorces can be highly advantageous to couples looking to separate for a variety of reasons.
It’s Cheaper - The average cost of a divorce in California is around $17,500. When a heavily contested divorce goes to court, that cost only increases. Collaborative divorces save the spouses money by avoiding taking the process to court. Additionally, by reaching an agreement through collaboration, you may end up paying less in settlement expenses, like child support or alimony payments, than a court would have decided.
It’s Faster - By seeking a resolution through collaboration, you lessen the time the overall divorce process would take had it gone to court contested. An average divorce could take anywhere from a few months to more than a year to finalize.
It’s Less Stressful - By seeking conflict resolution through working together and avoiding heated disputes, collaborative divorce offers a less stressful way of coming to terms.
It Gives You a Say - Collaboration is a two-way street. When you go through the process of a collaborative divorce, you get to negotiate your terms and work towards a result that works best for you.
What If My Spouse Doesn’t Agree?
If your spouse does not wish to seek resolution through a collaborative divorce or any other alternative divorce methods, then the process must be taken to court. When a divorce is settled within the courts, neither spouse gets a say in the result. In other words, whatever the judge decides is what each spouse must live with. This is why collaborative divorce and all other alternative dispute resolution methods may be beneficial to couples going through a divorce.
Let Us Collaborate With You
Divorce can be difficult, but it does not have to be. The Family Law San Diego team wants what is best for each spouse. If you and your spouse find yourselves on good enough terms to try a collaborative divorce, we want to help guide you. Our firm has the experience, knowledge and training necessary to make your divorce as stress-free and seamless as possible.Schedule a consultation today by calling our divorce attorneys in San Diego at (619) 577-4900 or complete our convenient online contact form.