Collaborative Divorce In California: A New Path For Your Family
At Chase, Berenstein and Murray, Counselors at Law, we understand that divorce is a deeply personal journey that can be both challenging and transformative. We are dedicated to helping you navigate this journey by offering a range of options tailored to your unique needs. Our collaborative divorce attorney has been serving couples and families in the San Francisco Bay Area for decades. Our family-focused firm offers compassionate support and innovative solutions to family legal conflicts.
While we handle all types of divorces, we also focus on providing alternatives that facilitate cooperation and help you resolve your disputes amicably. A collaborative divorce attorney can offer you and your divorcing spouse an alternative option for minimizing conflict and settling your divorce efficiently.
What Is Collaborative Divorce?
Collaborative divorce is a respectful and cooperative approach to ending a marriage. In this process, you, your spouse and both your lawyers agree to work together to reach a mutually beneficial agreement.
Unlike traditional divorce, collaborative divorce emphasizes open communication and problem-solving. This method allows you to maintain control over the decisions that impact your family’s future while minimizing emotional stress. With the guidance of a collaborative divorce attorney, you can create solutions that are tailored to your family’s specific needs. See Three Paths To A Collaborative Divorce.
Collaborative Divorce And The Agreement Not To Litigate
An agreement not to litigate is a central component of the collaborative divorce process. This agreement is a commitment made by both parties and their attorneys to resolve the divorce outside of the courtroom. By signing this agreement, you agree to work together to find solutions through negotiation and discussion.
If the process does not result in a settlement, the attorneys involved must withdraw, and you will need to hire new legal representation for litigation. This agreement fosters an environment of trust and cooperation, encouraging all parties to focus on reaching a fair and amicable resolution.
An Evolutionary Departure From Traditional Divorce Negotiation
Collaborative divorce differs significantly from traditional divorce negotiation. In traditional negotiations, the threat of litigation often looms, which can create an adversarial environment. In contrast, collaborative divorce removes the litigation threat by requiring both parties to commit to resolving issues out of court.
The collaborative law approach encourages open communication and creative problem-solving, allowing you to prioritize the well-being of your family. The collaborative process often results in more customized agreements that reflect the unique dynamics of your family.
How Is Collaborative Divorce Different From Divorce Mediation?
While both collaborative divorce and mediation offer alternatives to litigation, they differ in structure and approach. In divorce mediation, a neutral third party facilitates communication between you and your spouse to help you reach an agreement.
In contrast, collaborative divorce involves both parties working with their own attorneys and, if necessary, other professionals like financial advisors or child specialists. This team approach provides a broader support system and allows for more comprehensive solutions tailored to your family’s needs. Collaborative law fits into our firm’s preferred approach to resolving conflicts in a divorce.
Frequently Asked Questions About Collaborative Divorce
If you want to learn more about the collaborative divorce process or have questions, we are here to help. With over 30 years of ushering couples through the divorce process, we have been asked many questions. Here are some of the most common:
How long does the collaborative divorce process take?
The length of the collaborative divorce process depends on the complexity of the divorce and how well the spouses work with each other. The best-case scenario is that the collaborative divorce process will only last a few weeks. This can happen if: both spouses can settle on divorce matters without major problems; the marital estate is small; and the parties can arrange to meet in a short amount of time. However, for larger estates or when there are significant marital issues to resolve, the collaborative divorce process can take over a year.
What happens if we can’t reach an agreement?
Collaborative divorce is typically the ideal solution to settle a divorce outside of court. However, if parties cannot reach an agreement through the collaborative divorce process, they may need to settle their divorce through a traditional court-based process and let a judge decide certain issues. This can lead to a costly and lengthy divorce and a less satisfactory result for both sides.
Is collaborative divorce binding and enforceable?
It is important that all parties get what they want from the collaborative divorce process because an agreement is legally binding and enforceable after a judge signs the paperwork. However, if the collaborative divorce process fails, an agreement is not enforceable and the divorce may need to go to court.
How much does collaborative divorce cost?
The cost of collaborative divorce will likely depend on the length of the process. Chase, Berenstein and Murray, Counselors at Law, provides people with initial consultations where they can discuss what they want from a collaborative divorce. We can use this information to strategize an approach and discuss the cost.
Consult A San Francisco Bay Area Collaborative Divorce Attorney
Our firm offers confidential consultation appointments. Call our Burlingame office at 650-642-3897 or send an inquiry through our website to schedule an initial consultation. A collaborative divorce attorney can help you reach a solution that respects your family’s values and future. Lisa Murray has embraced collaborative law as a primary focus of her divorce and family law practice. She is an active member of Collaborative Practice of San Mateo County, a group of attorneys who advocate for the collaborative approach as an alternative to the divorce wars.