Sena Family Law & Mediation Practice

Collaboration: a better way for California couples to divorce

Even in the most amicable of situations, divorce is never easy. In order to mitigate the complications of this process and potentially avoid the stress and cost of litigation, some California couples may look for alternatives to a high-stakes court battle in order to resolve their divorce-related disputes. 

Like mediation, the collaborative divorce process offers couples the opportunity to work through issues outside of the courtroom. When both parties are equally engaged in this process, it can result in a final arrangement that is more sustainable and beneficial for every member of the family. Collaborative divorce is not the best choice for every divorcing couple, but it could be a positive option for you. 

Collaborative law versus mediation

Like mediation, collaboration allows a couple to have more of a say in the outcome of a divorce. However, in this process, both parties will retain separate legal counsel. Sometimes in a collaborative divorce, other professionals, such as school counselors, coaches and specialists may also contribute input and recommend certain outcomes. Since a collaborative divorce allows both parties to have individual legal representation, you will an advocate acting solely for your benefit and best interests.

Should you consider a collaborative divorce?

Only you and your spouse can determine whether this option will work for your situation. However, keeping your divorce out of court can be positive for your post-divorce future, offering you the following benefits:

  • Provide setting for couples to exchange information freely and honestly
  • Save you some divorce-related expense
  • Allow you to resolve issues in an informal setting
  • Provide opportunity to come to an agreement on a positive, workable resolution
  • Allow couple to decide how they wish to resolve post-divorce disputes

The ultimate goal of a collaborative divorce is to provide a better way to come to an agreement on high-stakes and often contentious divorce issues. By agreeing to a collaborative divorce, a couple is committing to reaching a settlement out of court without the option of potential litigation. If the process breaks down, both parties will secure new representation.

Seeking a positive, strong post-divorce future

You may be dreading the prospect of a stressful battle in a courtroom, or you may be uncomfortable with a judge who does not know you and your family making important decisions that will affect your future.

There is a way that you can avoid all of that and maintain more control over your post-divorce future. Through collaboration, you may be able to secure an arrangement that allows every member of the family to prosper after divorce. If you have kids, this option allows you to customize a visitation and custody arrangement that suits the unique needs of your family.

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