Not every California couple who files for divorce expects a rancorous, lengthy and stressful proceeding. Many spouses are on good terms when they part, especially those who have children and agree that keeping their kid’s best interests in mind is more important than arguing over who gets to spend holidays with them. Collaborative law enables people who wish to finalize a divorce on amicable terms to do so without going to court.
Those unfamiliar with the process may wonder how everything gets settled if no one goes to court. For instance, who decides who gets the house, the vehicles, the vacation property, etc., and what the terms of the custody and support agreement will be? The answer is that spouses themselves are able to negotiate such issues then submit their plan to the court for approval once they have agreed on the terms of their plan.
This state operates under community property rules in divorce. Many people like this because it simplifies property division; basically, all marital assets and liabilities are split 50/50. You and your spouse may have signed a prenuptial agreement before you got married. Your contract may affect how your assets are divided, especially if you own a business or other asset that you pre-determined was to remain separately owned in marriage.
In addition to not having to go to court to facilitate your divorce, California collaborative law can also be beneficial because this type of divorce is typically less expensive than litigation. It also provides support, as a team of professionals is assembled before sessions begin to help facilitate the process and provide guidance regarding issues such as finances, taxes, custody-related matters and more. If you’re interested in learning more about how to collaborate rather than litigate your divorce, you can schedule a consultation at the Law Office of Edward S. Matisoff to seek answers to your questions and determine whether collaboration is a viable option for you.