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San Diego Attorney Explains the Collaborative Divorce Process

The decision to go through divorce is never easy. The financial and emotional burden can expand to your extended family and friends, straining relationships. Worse, if you have children, they are hit hardest by the divorce process. With so many factors to consider, it can be difficult to know what choices are right for you and your loved ones. Worse, the multi-disciplinary nature of divorce can make your case seem overwhelming, even if you and the other party generally agree. In many cases, collaborative divorce is the simplest way to handle a separation. However, you should still have an attorney on your side to ensure that your rights are protected.

Collaborative divorce can benefit you, your spouse and your children as you adjust to your new lives. Our lawyers can help you negotiate and review a final settlement that benefits both parties and children. Attorneys Daniel Tamez and Steven Gnau will make sure you are not agreeing to anything that will harm you or will be deemed unenforceable later. We have a vast amount of experience in helping couples realize that coming together is best for negotiating a settlement. A San Diego collaborative divorce lawyer can help you get through the process quickly and efficiently.

What Is Collaborative Divorce?

Collaborative divorce is a process that can minimize the turmoil of separation. Our collaborative divorce lawyer can negotiate with your best interests in mind. We can focus on your most important individual and mutual goals. Just like a traditional divorce, a collaborative divorce is confidential. Your goals are accomplished by minimizing destruction to your relationship with your family. Most couples prefer this type of divorce, when possible.

Our law firm can focus on helping your family find a way to a respectful agreement. Even though your marriage is ending, other obligations may continue. For example, you and your ex-spouse may still share custody of your children. The collaborative divorce process allows agreements to be formulated that focus on you and your spouse’s goals. In general, this process is convenient, cost-conscious and allows you to work through issues outside of the court room. Most important, a collaborative divorce allows you to invest in direct solutions. This is much more efficient than the lengthy litigation process in court.

What is the Collaborative Divorce Process?

A collaborative divorce is considered a gentler approach to divorce. Instead of litigating through the courts, you and your spouse work with your legal team to draft terms of separation. There are many advantages to collaborative divorce: it can be quicker, more cost-efficient and it can save emotional stress. The process involves:

• Draft Collaborative Contract: After each spouse retains a divorce attorney and agree to use the collaborative process, a participation agreement is signed. You, your spouse and the legal team will sign this document. This contract is a promise to resolve your disputes outside of court.
• Assemble Team: We want you to feel confident about your collaboration. If needed, we will call in a team of experts. This could involve mental health specialists, financial experts or divorce coaches.
• Attend Meetings: Meetings will be scheduled that work with you and your spouse’s legal team. Every case is different, but usually the collaborative divorce process involves weekly or bi-weekly meetings.
• File and Finalize: Both parties sign the paperwork after reaching an agreement. Our collaborative divorce lawyer will then file your agreement with the intentions of avoiding court mandated procedures. Often times, this process will shorten waiting time for finalizing a divorce. Once the waiting period expires, the divorce is finalized.

Questions About Collaborative Divorce? Call Us Now

Do you have questions about divorce or the collaborative divorce process? Are you worried about the costs of fighting over assets and debts in court? Divorce is hard enough. Even if you “win,” you will likely owe tens of thousands of dollars in attorney fees. This is the type of dispute that we seek to resolve whenever possible without judicial intervention. We can remove some of the stress and bring you confidence toward receiving a favorable settlement.

Collaborative divorce can keep you and your spouse out of the courtroom and focused on what is best for everyone. Your settlement can address all the major issues and secure your families future. We can bring in child welfare specialists, mental health specialists and financial planners who will help. A San Jose collaborative divorce lawyer from our law firm can help all parties understand why it is beneficial to work together. Contact us today at 619-269-8000 or through our website.