Collaborative Divorce in California

Collaborative divorce is a process where the divorcing couple agrees to reach a settlement without going to court. One of the primary principles is that each party agrees to an honest exchange of information and that they will keep the best interest of the children as a primary concern. This allows the spouses to make decisions about their future, rather than letting the family court judge decide.

How the Process Works

Both the husband and wife will each retain an attorney who provides legal advice making sure that their party’s interests are being served. The main document in a collaborative divorce case is the participation agreement. The parties and lawyers must sign this contract, which states:

The attorneys agree to not litigate the case in court. If the spouses are unable to reach an agreement, the original lawyers must withdraw from the case while the couple retains new legal counsel.
Neither party will use mistakes made by their opponents to their advantage.
All parties agree to disclose all relevant information and not hide anything important.
Everyone agrees to behave in good faith and be respectful of one another.

This team approach helps the couple to make decisions for their future and when minor children are involved, they may the expertise of a “child specialist”. These experts help educate the parents regarding the development needs of the children. They guide the couple on how to establish a parenting plan that will benefit all of the parties involved.

Team Approach Using Professionals

In addition to the child specialist, the spouses may choose to have additional professionals to help them through the marital split. These might include:

The Divorce Coach—This is a trained therapist who can help a person deal with and manage the pain of divorce. They will assist by focusing on the goals of the individual for both the present and future.

Financial Consultant—These consultants can help by educating one spouse about financial matters if they have not been involved in managing the family’s finances before. They may be even called in to help determine the value of a business or lay out options for how the assets will be divided.

Have Your Case Reviewed by an Attorney

When a couple decides to use collaborative divorce rather than the more traditional and adversarial proceeding, they may wish to seek an attorney who is experienced in this process. However, if there have been incidents of domestic violence or allegations of child abuse, this may not be a viable option for the couple. Each case is unique and requires the opinion of a legal expert. Consult a family law attorney who can examine the specifics of your case and give you advice.

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