When a California married couple no longer wants to stay in a relationship together, the decision typically spawns a number of issues that must be resolved before they can move on in life. No one takes the decision to divorce lightly, especially when children are involved. In fact, many spouses want to remain on good terms and finalize a settlement in a swift, economically feasible, and peaceful manner, which is what collaborative law enables them to do.
There is no shortage of stories about long, contentious court battles in divorce. When two spouses agree to use collaboration to resolve their differences, they do so because they hope to avoid litigation. Both sides must agree to engage in discussion without confrontation, making sure both spouses have the opportunity to share their thoughts and suggest possible solutions to any unresolved issues that might exist.
The collaborative law process is conducted in a private setting, as opposed to litigation, which is held in court. Also, collaboration is more of a "troubleshoot and resolve" way of finalizing a divorce as opposed to the "fight and win" mentality that often accompanies litigation. Regarding property division, child custody and spousal support, the guided discussions of the collaborative process allow spouses to retain control of the outcome rather than having a judge make decisions for them.
Each spouse is represented by a separate attorney when using collaborative law to settle a divorce. Collaboration can help California spouses cut down time and expenses. It also helps avoid the high amount of stress that is typically involved in going to trial. Any person considering alternative dispute resolutions for divorce may wish to speak with an experienced attorney who can fully explain how the collaborative process works.