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collaborative law Archives

Why collaborative law can be a cost- and time-effective option

If a San Francisco resident has any experience with the traditional courtroom process of seeking a divorce, then they probably know that it can be a lengthy experience. It can take many months or even years for a couple to litigate the many issues that must be resolved in order to bring a marriage to its end. Litigated divorce can, in some circumstances, make contentious relationships even more disagreeable.

Parents' interactions affect children's post-divorce behavior

California parents may be aware that their mental states can transfer to those of their kids. For example, when a parent brings stress home from work and is short-tempered in their familial interactions their children may exhibit similar behaviors in their interactions with others as well. A recent study builds on this phenomenon and suggests that post-divorce parental interactions may affect children's behavior as well.

Getting through divorce on your terms

Just as every California marriage is different, so too do California divorces proceed down their own unique paths. Depending on a myriad of factors, such as the presence or absence of children in the relationship, the execution of a prenuptial agreement, the ownership of property and other assets and a multitude of additional considerations, one divorce may look different from that of another.

Settlement agreements are the goal in collaborative divorces

The traditional divorce that many Californians may be familiar with pits the two parties against each other in a courtroom presided over by a judge. This litigated form of divorce can be contentious, difficult and unpleasant. Additionally, it takes the control of the legal process out of the hands of the parties and places it in the hands of a judge. Although many litigated divorces do end eventually with the parties coming up with their own agreements regarding property division, custody and support, such agreement as usually reached only after both sides have prepared (at significant expense) for a full-on courtroom battle.

Staying out of divorce court

People often hear about divorces when the issues become highly contentious and acrimonious. All throughout California readers of this San Francisco-based family law blog may have personal experience or know individuals who have had to fight to get what they wanted when their marriage came to its end. Contested divorces are challenging on everyone involved, including the parties to the proceedings and any children that they may share.

Fairness is foundation of collaborative divorce process

Not every couple that decides to end its marriage will be able to succeed in the collaborative divorce process. In fact, only California couples that are committed to working together may find the path useful, while others who struggle to find common ground with their soon-to-be ex-partners may prefer to utilize traditional divorce proceedings through the courts.

Some benefits from alternate paths to divorce

Conflict can be the root of a couple's problems and is often a contributing factor to their decision to divorce. It does not, however, have to be a driving force as the partners untangle their lives from each other and work to end their marriage. In California, couples may use Collaborative Process to bring their unions to their ends and the non-litigious process can have some unexpected benefits.

What is collaborative law and how does it work in divorce?

Traditional divorce in the legal system is often a confrontational process that drains the parties of their energy and taxes their emotions as they struggle to make decisions about the end of their marriages. This difficult and sometimes overwhelming process is only one of the paths that a Californian may find themselves on if they should choose to pursue divorce. In California, divorce participants may elect to end their marriages through collaboration rather than confrontation.

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