Alameda County Collaborative Divorce Lawyer

Collaborative Divorce Lawyer Alameda County, CA

An Almeda County, CA collaborative divorce lawyer understands there are many issues that need to be settled in a divorce, like child custody, property division, child support, and alimony. When couples cannot come to an agreement on these issues, the divorce ends up in litigation and a judge makes these decisions. This process is both time-consuming and expensive. It also often results in even more acrimony between the couple.

Today, many couples are turning to alternative resolution methods. One of the most popular is collaborative divorce.

How does collaborative divorce work?

In a collaborative divorce, the couple agrees to negotiate in good faith with the goal of arriving at mutually satisfying and fair resolutions to the divorce issues. They also agree to full disclosure of all pertinent documents and information.

The couple each has their own Alameda County collaborative divorce lawyers. The parties will set up multiple meetings to discuss the issues they need to resolve in order to end the marriage. The couple may also have different professionals participating in the process in order to provide guidance and expertise, including child psychologists, real estate appraisers, accountants, and other appropriate professionals.

Why is collaborative divorce a better alternative than litigation?

The civil court system has been set up to be adversarial in nature, pitting one side against the other trying to “prove” their case. This format alone can be contentious, but when you throw in the negative emotions the couple may have for each other, it is no wonder the divorce process often gets messy between couples.

But with collaborative divorce, the foundation the process is built on is one of cooperation and respect. All parties have the same goal of reaching a solution, not trying to “beat” the other side.

Divorce litigation can also take much longer to resolve, with multiple court hearings, and lots of billable hours for the attorneys. Collaborative divorce is often much less expensive than a litigated divorce.

What if the couple cannot come to a resolution in the collaborative process?

At the beginning of the process, one of the things the couple agrees on is that if they cannot come to a resolution, then they will turn to litigation. The couple will each have to retain new attorneys as well.

Is collaborative divorce always the best choice?

Although this process is the better choice for many couples, there are situations where it would be better to go with the traditional divorce process. If there has been a history of domestic violence and intimidation, if one spouse is suspected of hiding assets and/or information, or if one spouse is just too unreasonable, your attorney will likely recommend a litigated divorce.

How do I find out if collaborative divorce is appropriate for my situation?

To learn more about the collaborative divorce process, reach out to Kempen & Company to schedule a free and confidential consultation with a dedicated Alameda County collaborative divorce lawyer.