A Collaborative Approach To California Divorce
At Miller & Associates, Attorneys LLP, in Rocklin, our family law attorneys encourage clients to pursue alternative dispute resolution methods to resolve their divorce or other family law conflicts. Our founding partners are board-certified family law specialists. With 50 years of combined experience, our family lawyers have found that most families benefit both emotionally and financially from the structure, clarity, creativity and genial atmosphere of mediation or collaborative divorce.
What Is A Collaborative Divorce?
In the collaborative law process, a team of professionals provides guidance and advice as you work toward a divorce settlement. Lawyers and financial experts can interpret your situation, offer practical advice and even speak on your behalf, especially if you’re uncomfortable working directly with your former spouse.
Unlike the mediation process, it’s not just you, your spouse and the mediator. You are surrounded by a team of advisers who all want to help you resolve your issues. In addition, if the collaborative process fails and you are unable to reach a settlement on all aspects of your divorce, you are required to get a new attorney for litigation.
Who Is On Your Collaborative Divorce Team?
When you work with us at Miller & Associates, Attorneys LLP, a collaborative divorce team typically includes some, if not all, of the following:
- A divorce coach: Divorce coaches assist clients in identifying and articulating interests and goals. They help the parties focus on a positive vision for the future, and provide information and guidance on marital transition. In addition, they can assist with stress management by helping you recognize and manage your emotions. They also facilitate teamwork, teach effective communication skills and encourage effective and efficient participation.
- Your collaborative divorce attorney: Each of you will have your own attorney to provide guidance and help manage conflicts. Your attorney will guide interest-based negotiations and provide assistance with forming agreements.
- A neutral financial expert: A financial expert organizes the necessary financial documentation, and information and provides objective advice on the current and future financial impacts of various options.
- Child specialist: A child specialist provides a safe place for the children to share their stories, ask questions and discuss their concerns. They also help parents understand what their children are experiencing. In addition, they will provide positive suggestions and parent education. They also facilitate communication and help parents create a workable parenting plan that meets the needs and interests of their children.
Collaborative practice is a commitment to solutions that take into account the interests of all family members. You are intimately involved in the entire process and control the outcome.
A collaborative divorce involves an honest, voluntary and good faith exchange of all relevant information. The entire process is confidential.
Understanding The Collaborative Process
Collaborative law is all about flexibility. In general, the collaborative law process follows these steps:
- Each party hires an attorney who is specifically trained as a mediator and collaborative practice attorney.
- Both parties will meet with divorce coaches who will evaluate their ability to succeed in a collaborative divorce and discuss how much a divorce coach should be involved.
- The parties and their lawyers will meet to sign the collaborative practice agreement and begin the process.
- Additional sessions will follow and include gathering and organizing information, identifying the interests of each party, and brainstorming options for resolutions.
- As the process continues, the parties reach agreements that will be drafted and implemented.
Our experienced collaborative divorce lawyers can help you understand your options and assess whether the collaborative divorce process is right for your situation. In addition, we can offer guidance on how to talk to your spouse about finding their own collaborative divorce lawyer.
How Do You Know If Collaborative Divorce Is Right For Your Family?
The collaborative divorce process offers significant advantages over litigation. It allows parties significant privacy and control over their outcome. Working together reduces emotional trauma for yourself and your children. In addition, the collaborative divorce process is faster and more cost-effective than litigation.
However, in some instances, collaborative divorce is not possible. For example, if your spouse is not willing to share information or you are dealing with domestic violence, collaborative divorce might not be a viable option. At Miller & Associates, Attorneys LLP, we regularly utilize the collaborative process for cases involving divorce, legal separation, post-judgment support or post-divorce modifications. We can help you better understand if the process will work for you.
Schedule A Free Evaluation With A Collaborative Divorce Lawyer
Our board-certified family law attorneys offer free initial consultations. To schedule your free appointment with a collaborative divorce lawyer, you can call our office at 916-677-4971. You can also send us a message through our website. We have law offices in Rocklin, Folsom and Granite Bay. All inquiries are strictly confidential.