Rancho Cucamonga Collaborative Divorce Lawyer

We Can Help Your Case

Just because you are filing for divorce doesn’t mean that you need to cut all ties with your soon to be ex-spouse. In fact, it may be in your best interest to maintain at least a somewhat cordial relationship during the divorce process in order to pursue a collaborative divorce. Not only can this type of divorce prove to be a far less stressful experience, working together with your soon to be ex-spouse and their attorney will allow you to work towards a mutually beneficial agreement.

Our attorneys have spent their careers helping families to resolve disputes and settle conflicts, and over the years had assisted hundreds of spouses during their divorce proceedings. Our firm has the attorneys with the skills and experience you need to successfully navigate your divorce and negotiate an agreement that best suits your needs. If you are seeking a qualified Rancho Cucamonga divorce attorney, look no further Family Law Advocacy Group.

What is a Collaborative Divorce?

Collaborative divorce in California is a process where spouses work together with a team of professionals to resolve their divorce issues amicably, without going to court. It emphasizes open communication, mutual respect, and problem-solving.

Here is a step-by-step breakdown of the legal process:

1. Initial Consultation: Each spouse meets separately with a collaborative divorce lawyer to discuss the process and its benefits. Both spouses must agree to pursue the collaborative divorce approach and work together to resolve issues outside of court.
2. Signing the Participation Agreement: Both spouses and their attorneys sign a participation agreement committing to the collaborative process. This agreement ensures full transparency and promises to avoid litigation while agreeing to work with other professionals, like financial experts or child specialists, if needed.
3. Team Formation: The collaborative team is assembled, including each spouse's attorney and other professionals like financial experts, child specialists, or divorce coaches. These professionals support the spouses in resolving various issues such as property division and child custody.
4. Information Exchange: Both spouses exchange detailed financial information, including assets, income, and expenses. This open exchange of information helps ensure that both parties are fully informed when negotiating the terms of the divorce.
5. Negotiations: The spouses, along with their attorneys and professionals, negotiate solutions for key divorce issues, such as property division, spousal support, and child custody. The aim is to reach fair and mutually agreeable terms without involving the court.
6. Settlement Agreement: Once an agreement is reached, a settlement agreement is drafted to document the terms of the divorce. The settlement covers all aspects, including property division, child custody, and support, and is submitted to the court for approval.
7. Finalizing the Divorce: The court reviews the settlement agreement to ensure it is fair and reasonable, particularly in regard to child-related issues. Once approved, the judge issues a final judgment of divorce, legally finalizing the process.
8. If the Process Fails: If the collaborative process breaks down, both attorneys must withdraw, and the spouses will need to hire new lawyers to litigate the divorce in court. The process then shifts from collaboration to formal litigation.

Collaborative Divorce vs. Mediation

Collaborative divorce and mediation are both alternative dispute resolution methods aimed at helping couples resolve their divorce issues outside of court, but they differ in their structure and approach. Here are the main differences between collaborative divorce and mediation:

• Role of Professionals: In collaborative divorce, each spouse hires their own attorney, and additional professionals like financial experts or child specialists may be involved. These professionals work as a team to support the spouses and help reach an agreement. In mediation, a neutral third-party mediator helps guide the couple toward an agreement but does not provide legal advice or represent either party.
• Control Over the Process: In collaborative divorce, both spouses control the process with the help of their attorneys and other professionals. The team works together to negotiate and resolve issues. In mediation, the couple retains full control, with the mediator facilitating discussions but not making decisions for them.
• Conflict Resolution: Collaborative divorce focuses on teamwork and cooperation, with each spouse’s attorney and other professionals helping to resolve more complex issues. Mediation is often used when the couple is already committed to working together and focuses on resolving disputes through facilitated discussion without formal legal support.
• Legal Guidance: In collaborative divorce, each spouse has their own attorney who provides legal advice, drafts the settlement, and ensures it is legally sound. In mediation, the mediator remains neutral and does not provide legal advice, so each spouse must consult their attorney outside of the mediation if needed.
• Process Structure: Collaborative divorce is a formal, structured process that includes a signed agreement and multiple meetings with the team of professionals. Mediation is a more informal process where the couple works directly with the mediator to negotiate terms, with flexibility in the approach and schedule.
• Outcome: In collaborative divorce, the goal is to reach a comprehensive settlement on all issues, which is then submitted to the court for approval. In mediation, the mediator helps the couple reach a proposed settlement, which becomes legally binding only after it is approved by the court.
• Cost and Time: Collaborative divorce can be more expensive and time-consuming because each spouse has an attorney, and other professionals may be involved. Mediation is usually less expensive and quicker since it involves only one mediator, although costs may rise if attorneys are also hired.

How Can a Divorce Attorney Help You?

In an ideal world, the most complicated area of your divorce would be filling out all of the necessary legal documents and papers. Unfortunately, this is rarely the case in divorces – it’s hard not to disagree with the person you’re in the process of divorcing. That’s why it’s so important to hire a qualified divorce attorney to help you work together with your spouse in a collaborative divorce.

You, your attorney, your spouse and their attorney will meet on a semi-frequent basis in order to negotiate and discuss the steps you need to take to move on to the next step of your divorce. Depending on your situation, you may need to bring in a neutral third party, also known as a mediator, to assist with managing the process.

Once you and your spouse have come to an agreement on the final settlement, each of your attorneys will complete the final papers for you to sign and finalize the divorce.

• The Benefits of Collaborative Divorce

Contact Us Today To Discuss Your Case

Hiring a qualified divorce lawyer will help you handle any unexpected challenges of complications that may come up during your collaborative divorce as well as answer any questions you may have.

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