Can Anyone Choose a Collaborative Divorce?
Conflict seems like it’s the main characteristic of a divorce, and while many couples find a way to power through, it can be difficult for couples with kids. Divorce negotiations can lead to seriously heightened emotions and arguments with few signs of compromise in sight. Traditional litigation divorce isn’t for everyone. Thankfully, couples in California have choices. You and your spouse can choose an alternative divorce solution. A collaborative divorce can be an excellent option for couples hoping to settle their difference with less conflict and more cooperation.
What is a Collaborative Divorce?
Alternative divorce solutions are growing in popularity as couples search for a cooperative, low-conflict means of marriage dissolution. Choosing a collaborative divorce can keep your case out of court and give you control of your marriage dissolution. During the collaborative divorce process, couples agree to work on their divorce agreement by executing a legally binding contract agreeing to use the collaborative approach to settle the terms of their divorce. Each party will need to hire an attorney with collaborative training to help them negotiate their issues. Couples agree to dissolve their marriage using constructive conversation, compromise, and measured negotiation. Once you’ve opted for a collaborative divorce, you can change course, but you will need to secure new legal representation.
Benefits of Collaborative Divorce
There are many benefits to choosing a collaborative divorce. Couples will find they are better able to have their needs heard and validated. While you may not get all the things you want in the divorce settlement agreement, attorneys from each side will help you and your estranged spouse reach compromises where possible.
Other benefits of a collaborative divorce include:
- You can avoid a combative, stressful litigation divorce
- You can have attorney representation even though it’s not a litigation
- It can be easier to shield your children from the negativity and stress of a litigation divorce
- Collaborative divorce is less costly and faster than traditional litigation
Why Many Couples Choose a Collaborative Divorce
Many couples hope to avoid the stress and vitriol that can be associated with a litigious divorce. While a divorce can be emotionally taxing regardless of how it is processed, couples using alternative divorce solutions may find they are able to get through their marriage dissolution with fewer roadblocks and setbacks. Traditional litigation can be difficult for couples who still have a relatively good relationship despite their pending divorce. During the collaborative process, couples will be given the opportunity to work with their spouse to share their wishes for their divorce settlement instead of being directed by a judge.
This flexibility allows couples to reach an agreement on contentious issues such as:
- Property division
- Child custody and visitation
- Retirement plan division
- Business liquidation or retention
The biggest obstacle to couples planning a collaborative divorce is compromising. Many times, divorcing couples struggle to compromise with an estranged spouse. If you’re planning to use collaborative techniques in your divorce, it’s important you’re honest about whether you and your spouse can do the hard work of finalizing a divorce this way.
How Our Attorneys Can Help You
At TRABOLSI | LEVY | GABBARD LLP, our attorneys can help you and your spouse work to meet your goals of finalizing your divorce using collaborative techniques. There are many advantages for couples choosing a collaborative divorce. Our attorneys will confidently guide you through the process, ensuring you have the support you need to work towards a divorce agreement through compromise and constructive negotiation.
At TRABOLSI | LEVY | GABBARD LLP, our collaborative divorce attorneys can help you meet your legal goals. Call us today at (310) 455-8364 to schedule a consultation.