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You are here: Home / Blog / How does the Collaborative Divorce process help parents in California?

How does the Collaborative Divorce process help parents in California?

January 15, 2020 By Hal Bartholomew

Even after divorce, parents can rarely sever all ties to the other parent.

As co-parents they often have many years left to work together raising their children. This requires extensive communication, a willingness to make decisions together, and the grace to come to shared events for their children. 

With this in mind, it can be beneficial for parents to consider peacefully ending their marital relationship to preserve the parenting relationship. One option to accomplish this is to seek a collaborative divorce. 

What is collaborative divorce?

A collaborative divorce prioritizes cooperation and negotiation between divorcing parties to reach mutually agreeable resolutions. The process happens outside the courtroom in a more informal and confidential setting. 

How does the collaborative process differ from other types of divorce?

Collaborative divorce consists of certain elements that can be part of mediation or litigation as well, but it is distinct from these methods in several ways. 

First, in a collaborative divorce, each party retains individual legal counsel. These representatives must commit to the collaborative process and sign contracts agreeing to withdraw from the case if the parties cannot reach an agreement. This is called the disqualification clause. 

Collaborative divorce also involves outside professionals like specialists in finance or matters involving children. These specialists provide divorcing spouses with critical assessments, perspective, and information that can help them negotiate reasonable outcomes. 

Is collaborative divorce right for you?

Every family is unique, so there is no guarantee that collaboration will or will not work for you. That said, it is an option for people who are willing to work together through the divorce process but also value outside perspectives and guidance. The collaborative team can help you keep perspective on what is really important. 

While it can be a challenge, it is crucial to consider the long-term benefits of avoiding contentious legal battles in favor of peaceful, out of court resolutions. Finding a way to divorce amicably, through collaboration, is important for parents who will continue to be in each other’s lives because of their children. 

Want to Read More?

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