FAQs
The collaborative divorce is usually less expensive, faster, and less stressful than traditional litigation. Rather than allow bitterness to drive your divorce, the collaborative divorce process gives you an opportunity to resolve custody, financial, and property issues in an atmosphere of mutual respect and cooperation. Research shows that the collaborative divorce process provides better future outcomes for the parties and their children.
Collaborative divorce can benefit any couple. The end of a marriage often triggers a variety of emotional responses, such as anger and grief. Communication problems may additionally fuel bitter arguments over custody, property, and debts. Unlike traditional divorce litigation, the collaborative process offers guidance and a supportive environment where the divorcing couple can deal with their emotional reactions, learn better communication skills, and resolve outstanding issues.
Yes. The collaborative team includes a collaborative attorney for each person. Your collaborative attorney will inform you of your rights, and offer advice and assistance in negotiating outstanding issues. Collaborative attorneys work to maintain a fair and respectful environment where communications are direct, the tensions between the parties are alleviated, and the best outcomes for the parties and their children are sought.
Yes. If either party feels the collaborative process is not working for you, he or she has the right to stop it at any time. Either person may then initiate court action, at which time the collaborative attorneys and others on the collaborative team will withdraw. However, most couples that start the collaborative process stick with it. They find the collaborative approach improves communication, makes negotiating easier, and offers an environment that facilitates the divorcing couple in arriving at the best possible outcomes for themselves and their children.
No. Being involved in the collaborative process does not mean compromising your position. The collaborative process is meant to utilize a process which achieves a fair and equitable settlement, while focusing on the best interest of the family. The collaborative process is designed for the decisions to be made by the parties, not a judge. Generally, the settlement reached through the collaborative process is more in line with the goals of the parties. In contrast, often when left to the decision of the court, neither party obtains their desired objective.
A major benefit to the collaborative process is the availability of mental health experts (called coaches). The coaches will help you in reaching a co-parenting plan by working with you in setting aside the differences between you and your spouse. The child specialist provides a safe environment for your children to express their concerns regarding the changes being made to their lives as a result of the divorce. The child specialist is able to offer insights which you can use in planning the future of your children.
No matter what process you choose for your divorce, California law requires full disclosure in all divorce cases. There are serious penalties imposed if a person hides assets. Through the collaborative process, disclosures are made informally and reviewed by a neutral team member called the financial specialist. The neutral financial expert will assist you and your spouse in understanding the status of the family finances, including all assets and debts. Through the collaborative process, the parties are required to fully, voluntarily and without delay, disclose all financial information, which is then reviewed by the financial specialist. This process helps in sending a signal that there will be no game-playing with the financial information.
There is no way to predict how much the process will cost, as each case is unique. However, typically the collaborative approach is one-half to one-third the cost of what a case would cost if the same case went through the court process. The reason it is less expensive is because you are not having to pay your attorney to prepare and appear on motions before the court, prepare and respond to formal discovery, prepare for and attend trial, etc. In the collaborative process there are no court appearances and discovery is provided voluntarily. Additionally, the services of one neutral financial expert are used, instead of each party paying for their own financial expert. As you can see, the collaborative approach is traditionally much less expensive than the cost of using the court process.
There are no set fees for the individual professionals. They each bill independently for their services. A professional's fees will vary depending upon the amount of work involved, as well as other factors. Generally, each professional will request a retainer fee and will bill hourly thereafter. Although this sounds expensive, consider the cost of retaining two litigation attorneys (attorneys used in the court process) vs. the cost of retaining two collaborative attorneys and the remaining professional team members. In most cases, the cost of the initial retainer for the entire team will be equal to, or even less than, the cost of retaining two litigation attorneys.
Yes. At the end of the process, a judgment will be prepared by the attorneys for filing with the court. Although, the law requires the filing of documents with the court, you will not personally appear in court to finalize your divorce.
Go back to the home page and click on the term Find a Professional. There are a list of attorneys, financial specialists and mental health professionals. You may choose any one of these professionals to start the collaborative process.