Collaborative Divorce

Use Collaborative Divorce to End Your Marriage Calmly

Divorce is difficult and often messy. Emotions can run high, and many times the proceedings are about hurting the other person as much as they are about dividing the important parts of your life fairly. However, it is in a couple’s best interests to set their personal issues aside when it comes to divorce proceedings. Clear heads and calm hearts will make for a cleaner break and make it easier for both of you to move on with your lives.

Collaborative divorce is one of the best options for couples looking to avoid a divorce trial. At the Law Offices of Diane J.N. Morin, Inc., our attorneys offer experienced guidance through the collaborative divorce process.

What Is Collaborative Divorce?

Collaborative divorce is a legal process where both parties, along with their respective attorneys, agree to resolve their disputes without going to court. Instead of litigation, the divorcing couple collaborates with collaborative professionals—such as financial experts, child specialists, and therapists—to address their concerns and create a mutually agreeable settlement. This method emphasizes problem-solving and communication, rather than confrontation, making it a preferred choice for families seeking a more amicable end to their marriage.

As collaborative divorce lawyers near you, we have extensive training in collaborative law and a deep commitment to helping families navigate the emotional terrain of divorce with as little disruption as possible. Our approach focuses on reaching an agreement that prioritizes the well-being of all family members, especially children.

The Collaborative Divorce Process

The collaborative divorce process begins when both parties sign a participation agreement, committing to resolve their issues outside of court. This agreement also states that if the process breaks down, the attorneys must withdraw, and the couple will need to hire new representation for litigation. This rule ensures that everyone is invested in finding a peaceful solution and discourages adversarial behavior.

Throughout the process, both spouses and their collaborative lawyers near me participate in a series of meetings where they discuss and negotiate issues such as property division, spousal support, and child custody. This method is often more cost-effective than a contested divorce, which can lead to lengthy and expensive court battles. Additionally, it allows both parties to have more control over the outcome, as they work together to find solutions tailored to their unique needs.

Why You Should Pursue a Collaborative Divorce

A collaborative divorce is when you and your partner both agree that you should no longer be together, but you do not agree on how you should divide what you have. Both of you will sign a document that says you will work together to divide things equitably. You may then either work with a mediator (who will remain impartial) or each hire a lawyer to help negotiate the final terms of the divorce.

Mechanically, there is little difference between a collaborative divorce and an adversarial one, but it saves both sides time and money to find a mutually agreeable solution. Both of you want to get divorced, so why not set your grievances aside to get the work done so you can both move on?

Divorce Mediation vs. Collaborative Divorce

Divorce mediation and collaborative divorce are both alternatives to traditional litigation, but they differ in their approach. In divorce mediation, a neutral third-party mediator helps the couple negotiate an agreement. The mediator does not represent either party, and the couple may or may not have attorneys present.

In a collaborative divorce, both spouses have their own attorneys who are trained in collaborative law. The attorneys guide their clients through the process, ensuring that their legal rights are protected while promoting cooperation and compromise. Collaborative divorce also involves other collaborative professionals, such as financial advisors and child specialists, to provide additional support.

Both methods are designed to avoid the adversarial nature of litigation, but collaborative divorce offers a more structured approach with a team of professionals dedicated to helping the couple reach an agreement.

The Role of Collaborative Professionals

One of the key benefits of the collaborative divorce process is the involvement of collaborative professionals. In addition to attorneys, couples often work with financial experts, child specialists, and therapists who can provide invaluable insight and guidance throughout the process. These professionals are neutral parties who help the divorcing couple make informed decisions that will impact their financial future and their children’s well-being.

For example, a financial expert can help both parties understand the long-term impact of asset division, while a child specialist can provide advice on how to create a parenting plan that works for everyone. By involving these professionals, the collaborative process ensures that all aspects of the divorce are carefully considered, leading to a more comprehensive and fair settlement.

How to Get Started with Collaborative Divorce

If you’re considering a collaborative divorce near me, the Law Offices of Diane J.N. Morin, Inc., is here to help. Our team of skilled collaborative attorneys near me has the experience and training needed to guide you through this process with care and compassion. We understand that every family is unique, and we are committed to helping you find a resolution that works for you.

Find Out If Collaborative Divorce Is The Right Option

For more information about a collaborative divorce and how you can pursue one today, simply contact us online or call 650-473-0822.

Additional Resources for Divorce in Palo Alto and Santa Clara County

If you would like to do more research about the divorce process, Santa Clara County offers a wide variety of resources for couples ending their marriages locally. 

Judgement forms for uncontested (collaborative) divorce