Campbell Collaborative Divorce Lawyers: Settle Your Case Peacefully

Giving Clients a Chance to End Their Marriage Outside the Courtroom

Coming to terms with the fact that your marriage is over can be hard enough without adding a divorce trial to the process. Fortunately, not every divorce in California has led to litigation. When you and your spouse agree to try a collaborative divorce, you can typically avoid a trial and keep your relationship as civil as possible.

If you’re curious about how the collaborative divorce process works, we encourage you to visit our Campbell law firm to speak with our experienced collaborative divorce lawyers. During your initial consultation, we can determine if you and your spouse would benefit from collaborative divorce so you can both avoid the courtroom. Call our law offices today to learn more.

What is the Collaborative Divorce Process?

This process involves negotiating family law matters outside of court. Rather than face your spouse in a divorce trial, you will work together to agree on how to handle everything from property division to child custody. To get started, you must hire your own collaborative divorce attorney to help negotiate while keeping your best interests at heart.

You and your spouse will also need to agree that you’re committed to working on a resolution together without involving the court. You will both need to sign a contract stating that you know you need to be honest, cooperative, and civil for this type of divorce to work. If you or your spouse do not uphold these values or can’t reach an agreement, the collaborative divorce process will end, and you must hire a lawyer to represent you in court.

How Does Collaborative Law Work?

If you and your spouse believe a collaborative divorce is the right option to end your marriage, the next step is knowing what to expect. In most cases, once you hire a collaborative divorce attorney, you will meet with them to discuss the outcome you want. The family law matters typically discussed include spousal support, division of assets and debts, child support, and child custody.

Once your collaborative divorce attorney knows the results you want, you can both meet with your spouse and their attorney to try to reach an agreement. You might have to attend several meetings before coming to a compromise that works for both of you. Once you do, you will sign a contract that outlines the terms of your divorce. After a judge signs it, you will be finished with the divorce process in California.

Why Should You Take the Collaborative Approach?

If you’re still trying to decide if a collaborative divorce is right for you, consider the benefits. First, if you want to preserve your relationship with your spouse, you likely want to avoid a trial. Sitting down and negotiating with them will make the process more amicable than litigation, which is important if you co-parent.

In addition, collaborative divorces usually take less time than trials do, especially if you can work out family law matters in a few sessions. This means you can finalize your divorce more quickly and save on legal fees. A bonus is more privacy since the terms worked out during a collaborative divorce aren’t added to public records. If you want to explore these and other benefits of this type of divorce, call our Campbell law firm to talk to a knowledgeable attorney today.

Is the Collaborative Process Right for You and Your Unique Circumstances?

There are several benefits to taking the collaborative approach with the help of an attorney and other professionals. In a collaborative divorce, the parties work together to achieve several key benefits: saving money, reducing conflict, preserving family relationships, and reaching final settlement decisions. Moreover, various professionals oversee the entire process to ensure a smooth and successful outcome. You may be interested in a collaborative divorce if there are children involved and you want to ensure that child custody and child support are agreed upon between you and the other parent, including developing a comprehensive parenting plan together with the help of child specialists and other collaborative professionals. Other reasons to consider collaborative divorce proceedings include religious practices or spiritual beliefs that place high values on personal responsibilities for handling conflicts, those concerned about their financial futures, spouses who want assistance with asset division, those who have concerns about the emotional aspects of a divorce on themselves and other family members, and more. Essentially, if the parties agree to enter the collaborative process in good faith, they may be well-suited to a collaborative divorce rather than traditional litigation in a family law courtroom.

There are, however, certain unique circumstances that may make a collaborative divorce process unsuitable for your situation. For example, if the other party is responsible for domestic violence or child abuse, it would be unwise to seek any collaborative divorce or go through mediation, and a litigated divorce may be called for. Additionally, if one party is hiding assets and is unable to enter the process in good faith, it may be impossible to proceed, even with the assistance of collaborative lawyers.

To learn more about whether a collaborative law process is right for your situation, contact our firm to present your case to our Campbell and San Jose family law attorneys in your initial consultation today.

Do You Need the Legal Help of a Collaborative Divorce Attorney?

To begin the collaborative divorce process, you must enlist the services of professionals who can assist you as part of your collaborative team. Perhaps chief among those professionals is the hiring of your own attorneys to represent your interests.

As your legal representatives, our collaborative divorce attorneys provide comprehensive support throughout the process. We will:

• Help you create a comprehensive plan for the divorce proceedings.
• Constantly remind you of your rights and responsibilities.
• Explain multiple solutions to any conflicts or issues that may arise.
• Negotiate with the legal representation for the other side.
• Assist you in developing any necessary post-divorce agreements.

The attorneys at our firm have extensive experience in these and other practice areas, making us highly qualified to represent you and advocate for your rights.

Who Else Should Be on Your Collaborative Team of Professionals?

The core of your collaborative team can include professionals such as your family law attorney, communications coach, child specialist, financial specialists, and more.

Financial specialists help you fully comprehend your financial status, gather all the vital information and data, evaluate your assets, and provide financial guidance, planning, budgeting, and other forms of support.

It may be useful to enlist the services of a mental health professional, such as a counselor or psychologist, who can assist you and your spouse throughout the divorce proceedings. If there are children involved in the divorce, a child specialist can act as a voice for the children by taking the time to listen to their concerns, fears, and hopes regarding their parents and other family members.

Collaborative coaches and case managers are also valuable professionals worth adding to your team. These professionals help manage your emotions, build effective skills, reinforce communication, and manage the basic logistics of the case.

How Long Does a Collaborative Divorce Typically Take?

The length of a collaborative divorce varies on a case-by-case basis but is ultimately shorter than most typical divorce cases. Ultimately, a collaborative divorce operates on your schedule rather than on the courts’ and judges’ schedules. The shortest time to resolve a collaborative divorce in California is approximately six months. That is the mandatory waiting period for all California divorces.

How quickly your case is resolved will depend on factors such as any new disputes, complexities, difficulties with asset division, and more. Additionally, the availability of necessary professionals, such as accountants and coaches, and the willingness of the soon-to-be ex-spouses to compromise on difficult issues will be critical to determining the length of the process.

To learn more about the collaborative law process and how the proceedings can assist you with your legal issues, please contact our Campbell law office to schedule your initial consultation with our legal team today.

How Can Collaborative Divorce Lawyers Help with Your Case?

If you want to avoid the courtroom during your divorce, you should learn more about collaborative law. The ability to settle divorce terms out of court can make your divorce less daunting and more civil than you thought possible. At Hepner & Pagan, LLP, our lawyers have spent years practicing collaborative law, keeping our clients’ best interests at heart in every case.

Additionally, our attorneys guide LGBTQ clients through the collaborative divorce process with compassion and professionalism. We foster open communication to help you reach fair, mutually beneficial agreements.

When you hire a collaborative divorce lawyer from our Campbell law firm, you will get legal representation from a professional who will gather important information and help you determine when and how to settle family law issues. When you need a lawyer to explain your legal rights, give realistic expectations, and advise you on handling your settlement options during divorce, we’re happy to help.

Call us at (408) 688-9153 to schedule your initial consultation.