Collaborative Divorce

Marin County Collaborative Divorce Attorney

Going through a divorce is tough enough, but in Marin County and San Francisco, you are also required to make difficult decisions about many parts of your life. Oftentimes, these decisions require understanding and expertise that you don’t possess.

If you’re going through a divorce and having difficulty agreeing with your spouse, collaborative agreements might be the answer. You can negotiate the terms of your divorce without going to court this way.

To learn more about how our divorce attorneys in Marin County can help you, contact Warren Major LLP today.

What is Collaborative Divorce?

The key difference between mediation and collaborative divorce is that, during the latter, both you and your spouse must have attorneys.

Mediation proceedings provide the opportunity to discuss and resolve issues without an attorney present.

You and your spouse might be able to agree on terms if the issues in your divorce aren’t too complicated. In this case, attorneys may not be necessary. On the other hand, when finding a resolution is complex or challenging, working with attorneys can create more successful outcomes.

Before a collaborative divorce can begin, both you and your spouse must agree to commit to the process. This requires each person to sign a contract that agrees to:

  1. Use the collaborative divorce proceedings to finalize their divorce; and
  2. Not to take the case to court.

 

Benefits of Collaborative Divorce in Marin County

Some divorcing couples in Marin County and San Francisco find that collaborative divorce is a great help in finalizing their divorce. Some choose to use the process because:

  • Collaborative law is a happy medium between mediation and litigation
  • Divorce mediation is often more affordable than battling it out in court
  • Both spouses retain control of the situation
  • Negotiated agreements in a collaborative divorce are flexible and can be adapted to changing needs
  • Having an attorney or expert by your side can help make complicated legal issues easier to navigate for spouses
  • The process is less stressful for families with children than going to court

 

Collaborative Divorce Process

If you and your spouse decide to use the alternative dispute resolution process, the collaborative divorce process will start. Once you have made this crucial decision, here is what you can expect next.

Choosing Collaborative Divorce Attorneys

You and your spouse will both choose an attorney to represent you during the collaborative divorce process in Marin County or San Francisco. Your lawyer will work hard to help you achieve your goals for the divorce, and will use experts like accountants, child custody specialists, and psychologists to support your case.

Binding Agreement to Use Collaborative Divorce

A legally-binding contract will be signed by you, your spouse, and both of your lawyers in order to commit to the collaborative divorce process. This usually means that each person involved (and their attorneys) agree not to take the case to trial. Furthermore, everyone must pledge to be honest and open throughout proceedings. Any evidence or information tied to the case that is considered relevant must also be submitted during this time.

Individual Meetings

After you meet with your attorney to discuss strategy and review evidence, you will need to collaborate and compromise on some points. It is important, then, to prioritize the issues in your case so that you can determine which are most essential for compromising on.

Joint Meetings

You, your attorney, and your spouse’s legal team will sit down together to talk about the issues in your divorce. The attorneys will present their side of the case and try to achieve the best outcome possible for their client. If necessary, specialists may be brought in by either party to offer help or provide more information on certain aspects of divorced life. This is often done when both spouses want to agree but need more information beforehand.

Negotiation and Settlement

The collaborative divorce process allows you and your spouse to come to mutually-agreeable decisions about important issues in your divorce, such as asset division, spousal support, child support, and/or child custody arrangements. Once you and your spouse have agreed to the terms of your divorce, the attorneys will draft a document for you both to sign that outlines the decisions made during this process. This document is binding once signed by both parties.

Litigation (If Necessary)

If you and your spouse cannot agree on the terms of divorce through collaborative means, then it may be time to consider taking the case to court. However, this would require finding new representation, as the lawyer who assisted you in collaboration would no longer be able to continue working with you. The process of searching for and onboarding a new attorney can be incredibly stressful and costly- so if you’re set on collaborating, do everything in your power to make sure it happens!

Marin County and San Francisco Collaborative Divorce Attorneys

If you are uncertain about how to end your marriage, but would rather not go through the lengthy and costly court process, collaborative divorce may be a good option for you. In a collaborative divorce, both parties work together to come to an agreement that is fair for everyone involved. The San Francisco collaborative divorce attorneys at Warren Major LLP can help make sure that the process goes smoothly and that you get the results that you want. Contact us today for more information about our services.

Having dealt with multiple complex collaborative divorce cases, we are more than qualified to help you too. Our 17 years of combined experience give us an edge that few others have. Please do not hesitate to contact us for a consultation today; we would be happy to answer any questions you may have.

 

Warren Major LLP

101 Lucas Valley Road
Suite 362,
San Rafael, CA 94903
United States (US)
Phone: (415) 286-5440
Email: mmajor@warrenmajorllp.com
URL: https://www.warrenmajorllp.com/

 

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