HOW DOES IT WORK?
Standing Up for You and Your Rights
Collaboration, like the collaborative process, is defined as two or more people working together toward shared goals which, for many, is ending a marriage promptly and sensibly despite the strong feelings the parties are experiencing. In some instances, this can be accomplished with the assistance of an independent and experienced mediator. In the majority of cases, the parties retain their attorneys and together they work toward constructive solutions ideally resolving all financial and custodial issues. Where an issue or issues remain, your attorneys will continue to represent you with the court deciding all remaining issues.
There is another form of the collaborative process authorized and defined at Family Law Code Section 2019 Its subpart (b) as “the process in which the parties and any professionals engaged by the parties to assist them to agree in writing to use their best efforts and to make a good faith attempt to resolve disputes related to family law matters as referenced in subdivision (a) on an agreed basis without resorting to judicial intervention.” If judicial intervention is needed, local court rules require that you must replace your old attorneys with new ones.
The collaborative process is straightforward.Meetings take place in person or electronically between the parties, their attorneys, or other involved professionals separately or collectively. Their goal is to collect all the information needed to resolve the issues between the parties in a manner acceptable to them. The process may require the production of tax, business, and other records necessary to resolve any disputed issues.
When marriages end important issues like the division of assets, proper spousal and child support, custody and visitation must be resolved at a time when the parties find themselves in the most emotionally challenging circumstances of their lives. Radically different views of what is fair, adequate or reasonable, have historically become the object of lengthy, unpredictable, expensive, and emotionally draining court battles.
Our mission is to present an alternative, one where the parties with the assistance of attorneys work in a private setting towards resolving all issues in a respectful and constructive manner. Where an issue or issues cannot be resolved in this setting, we will represent you before the court that does, the same court which issues a binding judgment encompassing all issues.
A burden shared is a burden lightened. Let us help you in this most trying time.
WHAT ARE THE ADVANTAGES?
Two important ones have already been mentioned You are engaged in a private rather than a public process, court proceedings, and consequently set and act at your own pace. Court proceedings, whose cost rises exponentially with the number of contested issues, are far more expensive than the collaborative approach. Costs are also reduced by a shared expert who examines financial issues and provides unbiased opinions Perhaps most important of all, you are supported by a team whose goal is finding resolution rather than feeding confrontation.
AM I A GOOD CANDIDATE?
This depends on several factors. Can you and your spouse put aside the feelings that prevent rational and cost-effective choices? Are you willing to make sacrifices on some issues if it leads to an overall positive result? Can you let other members of your team act for you if a matter is too sensitive for your personal involvement?
Above all, are you and your spouse capable of taking a step back and making well-calculated rather than emotional decisions?