Beyond litigation and mediation which are so often discussed as divorce process options, a third viable way to navigate separation which we will discuss in this article is collaborative divorce.
To provide some context, in litigation, one lawyer represents a spouse and another lawyer represents the other. Mediated divorce is a type of divorce that utilizes an experienced divorce professional who is trained and skilled in the mediation process, who helps the couple establish the terms of their divorce and facilitates the negotiation while also drafting and filing all the legal documents required so the couple doesn’t go to Court if successful in coming to an agreement. The collaborative divorce option offers a more amicable path than litigation while potentially providing more support and counsel to the parties than mediation.
Forming Teams for Collaborative Divorce – Spouses and Advisors Versus The Problems of Divorce:
In a collaborative case, both parties work together with their individual attorneys to arrive at a negotiated settlement that is voluntarily negotiated outside of Court. Each party engages individual attorneys to represent them and these attorneys cannot continue on the case if the process fails and litigation commences. The parties also receive support from divorce coaches and financial experts who work to help each calmly focus on the issues and make informed decisions.
The first step in forming a team for collaborative divorce is to find a collaborative attorney. These attorneys are specially trained in the collaborative process and are committed to helping couples reach a peaceful resolution. They will work with you and your spouse to negotiate a fair settlement that meets the needs of both parties. It’s important to choose an attorney who is experienced in collaborative divorce and has a good track record of successful cases.
Divorce coaches are another important member of the collaborative team. They are mental health professionals who help couples navigate the emotional aspects of divorce. They can help you and your spouse communicate effectively and manage any conflicts that may arise during the process. They can also provide support and guidance as you work through the difficult emotions that come with divorce.
Divorce can have a significant impact on your finances, so it’s important to have a financial specialist on your team. They can help you and your spouse understand the financial implications of different settlement options and ensure that both parties are making informed decisions. They can also help you create a budget and plan for your financial future after the divorce.
If you have children, it’s important to have a child specialist on your team. They can help you and your spouse create a parenting plan that is in the best interest of your children. They can also provide support and guidance as you navigate the challenges of co-parenting after the divorce. Having a child specialist on your team can help ensure that your children’s needs are prioritized throughout the process.
In some cases, couples may choose to work with a divorce mediator instead of attorneys. Mediators are neutral third parties who help couples reach a mutually beneficial agreement. They can help facilitate communication and guide the negotiation process. Mediation can be a more cost-effective and less adversarial option for couples who are able to work together amicably.
Divorcing collaboratively is not spouse vs spouse as in litigation but rather it is aligned more with a setup of spouse AND spouse, each with counsel for personal advice, along with the supporting consultants, versus the problems of divorce. Solving problems through creativity and dialogue help parties plan for the future financial well-being of each and address how to arrange for the shared parenting of children.
Forming the right team is crucial for a successful collaborative divorce. By working with collaborative attorneys, divorce coaches, financial specialists, child specialists, or divorce mediators, you can ensure that your divorce is handled with care and respect. The collaborative process allows couples to work together to reach a fair and peaceful resolution, and having the right team in place can make all the difference.
If you or someone you know has a family law dispute, don’t rush to court. Give Scott a call first. Schedule a free consultation online now or call Scott at (858) 255-1321.
The Office of Scott Levin, JD is located at 9820 Willow Creek Road Ste. 410, San Diego, CA 92131.
Meet Scott Levin, the heart behind peaceful resolutions and Chief Peacekeeper™ at San Diego Divorce Mediation and Family Law. With a wealth of expertise in divorce mediation, Scott is dedicated to transforming conflict into understanding, one resolution at a time. His commitment
to fostering amicable separations has earned him the title of Chief Peacekeeper™. As a trusted mediator, Scott empowers individuals to navigate divorce and family legal matters with dignity, offering a path to resolution that prioritizes harmony and mutual understanding. Join Scott on the journey to a peaceful and empowered divorce experience.