San Bernardino Collaborative Divorce Attorney

Posted By admin, On July 17, 2020

The Collaborative Law Option

Filing to dissolve your marriage in San Bernardino can certainly be a time-consuming, convoluted process full of minutia. The process entails making difficult but important decisions about dividing assets, custody of the children, child support, and in some cases, even spousal support.

Are you working with a particularly complex marital estate? Do you feel overwhelmed regarding the legislation that applies to the details of your divorce case?  If you said yes to either of those questions, then you are already aware of the big challenge that you face knowing for certain whether or not you are making the best decisions. In addition to that problem, you and your spouse might be having trouble coming to a happy medium regarding the terms of your divorce. This can make for costly delays and make the whole situation much more stressful than it inherently is. On the bright side, couples in the state of California have the choice to utilize collaborative law to negotiate and finalize the critical details of your divorce.

Collaborative divorce: A Deeper Understanding

Collaborative divorce (which is often referred to as collaborative law) is a legal action that is often taken as a different approach to court.

Instead of going into the courtroom to bring your divorce case , you and your soon-to-be ex-spouse can instead agree to resolve the terms of your dissolution with more privacy, with the help of your attorneys. This can make it more possible for you to move toward the aim of a mutually-beneficial settlement.  That, in turn, is likely to help to minimize any negative feelings between the two of you.

Selecting a collaborative divorce action is a great choice especially for divorcing couples with children. divorce has enough potential to be stressful for the children involved without them being forced to watch their parents war over every little detail of the split. Collaborative divorce can make it possible for you to work with your spouse to negotiate the issues amicably.

The Benefits of Collaborative divorce in San Bernardino

Opting to discuss the issues in your dissolution by way of collaborative law is a commendable first step. The very fact that the two of you have, together, agreed to use this alternative conflict resolution process speaks to the virtue that you are able to work in tandem to come to important solutions. Now that you have come to the decision to take the collaborative law approach to your divorce process, you can enjoy some of the perks.  These include:

  • Eliminating the pain of a long and contested divorce;
  • Saving your money by utilizing this cost-saving process;
  • Saving a lot of time, now that you get to pick when and where the collaborative divorce takes place;
  • Choices are made on the basis of compromise, instead of the unilateral analysis of a judge;
  • Holding on to control over the final decisions; and
  • Nurturing positive feelings and relationships.

The Collaborative Law Process: An Overview

What reasonable expectations can I have regarding the collaborative law process? What are the steps I will have to take to get myself ready for my collaborative divorce

Here is a thorough synopsis of what you can reasonably expect from the collaborative law process.

  • Opting to Use Collaborative divorce: Numerous spouses opt to use the collaborative law process long before they ever enter divorce papers in the courthouse. Working through the issues in your split up  before the papers are ever filed will allow you to bring the divorce to a smooth conclusion as quickly as possible.
  • Selecting a Collaborative divorce Lawyer: A requirement of the collaborative divorce process is that you need to be represented by specially-trained collaborative divorce lawyers. Get in touch with a attorney to get started.
  • Making a Commitment to the Collaborative Process: You, your spouse, and your attorneys will be required to sign a document to affirm your unwavering commitment to the collaborative law process. Once you all sign on, you are all bound to this route.  From that point on, neither spouse can shift gears and decide to take the divorce proceeding to court and, instead, commits to negotiating all the details of the divorce using only the collaborative law process. Committing to remaining in collaborative law until the end is crucial for a successful conclusion.
  • Getting Ready to Begin the Collaborative Process: When you have selected one, you will have to meet with your San Bernardino collaborative divorce attorney and begin to prepare for the collaborative law meetings. At this initial meeting, you will talk about what you would like to reap from this process and also lay out the issues that hold the most importance to you. Your attorney will round up all the evidence, information, and witnesses that can be brought in to support your position and your wishes. During this preparation process, your collaborative divorce lawyer could also speak with and hire expert witnesses (these could include, but are not limited to, accountants, psychologists, and appraisers) whose testimony can support your cause.
  • The Joint Sessions: At this stage, you and your lawyer will have a sit down with your spouse and their lawyer and begin to nail down the terms of the divorce. You will each have a platform to explain your wishes, show your evidence, and bring in witness testimony. Your attorneys will normally take the lead and have discourse over the nuanced legal ins and outs of the divorce agreement. The group of you can work within as many joint sessions as are needed to arrive at a mutually-agreeable resolution to your dissolution.
  • Arriving at a Settlement: At the point that you and your spouse have arrived at an agreement on the terms of your divorce, your lawyers will write up contracts to document what you agreed to. From the time you sign these contracts, you will remain bound by their terms. If, for any reason, you and your spouse can simply not agree on the terms that you arrived at, you will be offered the choice to withdraw from the collaborative divorce procedure. Nevertheless, you need to both agree to withdraw and, alternatively, carry your case to court. In the event that you do opt to litigate the divorce, you will also need to hire new divorce attorneys and now you are setting your future into the hands of a judge. You will be effectively relinquishing control over the outcome of the situation.

Choosing a San Bernardino Collaborative Law Attorney

How can you figure out which attorney is the best fit for your collaborative divorce matter? The majority of the San Bernardino family law firms offer free consultations to new clients. You can utilize this opportunity to get more information about an attorney and see if they would be the right one.

Here below are a few questions to think about when choosing a collaborative divorce lawyer in San Bernardino:

  1. What is your comfort level confiding in this attorney regarding personal and intimate information?
  2. What is your confidence level as far as the attorney’s ability?
  3. Has this attorney handled collaborative divorce cases in the past?
  4. What specialized training has the attorney had ?
  5. How much will this attorney charge for his or her services?