Problem-Solving Negotiations

Most divorcing spouses find themselves wanting to avoid court but have a few disputes they need to settle. They’re having trouble coming to an agreement, but at the same time do not want the complications of a nasty divorce. Couples in this predicament often choose to get a collaborative divorce, in which they work together in the company of their respective attorneys to negotiate divorce terms. Spouses that can’t come eye to eye on issues like property division, child custody, spousal support, and child support, often pursue a collaborative divorce. This can save both spouses the time and cost of a complicated divorce. To properly protect your rights in a collaborative divorce, contact Her Lawyer to get in touch with one of our experienced lawyers. Our skilled collaborative divorce attorneys can protect your rights in Los Angeles, Orange County, and San Diego.

What is collaborative divorce?

Collaborative divorce is a process by which spouses use mediation and negotiations to settle divorce terms. Spouses that want to settle disputes without being pitted against each other in court can problem-solve collaboratively.

In order for a collaborative divorce to be fruitful, both spouses must be willing to negotiate. Reluctant spouses often produce a stalemate, causing both spouses to attend a potentially drawn-out court saga.

How does collaborative divorce work?

In a collaborative divorce, spouses work together to identify and resolve any disputes they may have. A meeting is held, and each spouse brings their own attorney to negotiate on their behalf. Once a settlement has been reached, one attorney will draft a final divorce agreement and file it with the court.

Collaborative Divorce Process in California

1. Hire a Collaborative Divorce Attorney

First, each spouse will need to hire their own attorney. One spouse cannot represent both parties in a divorce, so each must consult their own. It’s crucial that your attorney has experience in collaborative divorce negotiation and procedures. Get in touch with a few attorneys, then choose the one that you’re most comfortable with. Her Lawyer can help you find the right collaborative divorce attorney for your needs.

2. Meet With Your Lawyer

Have a meeting with your attorney privately, and your spouse will meet with theirs. Tell them about the circumstances of your divorce and your preferred terms of property division, child support, spousal support, and child custody. Let your attorney know your ideal settlements and the least you’re willing to walk away with. Then, your attorney will create a calculated plan to get your favorable divorce terms. It’s essential that you and your attorney have a thorough conversation about these issues before meeting with your spouse and their attorney.

3. Attend a Four-Way Meeting

A meeting will be scheduled between you, your spouse, and each of your attorneys. In this session, you and your attorney will negotiate with your spouse and their attorney to reach mutually satisfactory divorce terms. These meetings can occur weekly, bi-weekly, or monthly until a settlement has been reached. It’s not uncommon to have multiple “four-way” meetings before reaching an agreement. If spouses cannot resolve divorce disputes in this setting, a mediator can be hired to help settle terms in a more structured manner.

4. Sign a “No-Court” Agreement

It’s routine for spouses and their attorneys to sign a “no-court” agreement, in which the lawyers vow to drop the case if an agreement is not reached and litigation is pursued. This way, the attorneys are just as invested as the spouses in making sure this divorce is not drawn-out and ends amicably.

5. File Your Divorce Papers and Settlement Agreement

Once divorce terms have been agreed upon, an attorney can draft your final divorce agreement. This document, along with other necessary divorce paperwork, will be completed and filed with the court. From here on, your divorce will likely only involve filing paperwork. No more negotiations may be necessary.

Benefits of a Collaborative Divorce

Most people want to avoid court and pursue collaborative for its countless benefits. In a collaborative divorce, spouses can

• Save time
• Save money
• Spare the stress of a difficult divorce
• Express their concerns in an informal manner
• Be honest and straightforward about what they want
• Decide how to handle post-settlement disputes
• Find a result that works for them
• Have control over their own futures

How a Collaborative Divorce Attorney Can Help You

Resolving legal disputes in collaborative divorce can be very difficult. While the end goal of collaborative divorce is to reach a settlement that both you and your spouse agree to, it’s just as important to protect your rights throughout the entire process. An experienced lawyer can help you resolve divorce terms collaboratively without ever needing to step foot in a court.

Without the legal expertise of an attorney, your rights may be jeopardized. Your collaborative divorce attorney can seek favorable terms on your behalf and defend your rights in negotiations. Once all disputes have been resolved, your attorney can draft a final divorce agreement and file it with the court, along with other divorce paperwork.

Collaborative Divorce – Attorney Principles

Protecting Your Legal Rights

As esteemed attorneys, our highest duty and privilege is to protect your legal rights. As the results of these negotiations will affect your future, it’s imperative to hire an attorney that can protect your legal rights throughout the collaborative divorce. In mediation or a collaborative session, your skilled divorce attorney will

Seeking Peaceful Agreement

If you and your spouse are seeking a collaborative divorce, you want to spare the drama and costs of divorce court. Our attorneys acknowledge this and will do everything in our power to reach a divorce agreement that protects your legal rights. Your collaborative divorce lawyer will combine your preferences with their legal expertise to settle divorce terms on your behalf.

Individualized Approach

At Her Lawyer, we recognize that every divorce is different and requires it’s own set of actions. Your attorney will acknowledge the unique circumstances of your case and take an individualized approach to settle this matter. Our team understands how delicate divorce matters can be; we’ll accommodate your needs and preferences. Every attorney in Her Lawyer’s network carries five years of specialized experience.

Contact Us

If you’re seeking a collaborative divorce and need an attorney, contact us. We’ll get you in touch with the right attorney for your needs and preferences. Our collaborative divorce attorneys are experienced in helping spouses resolve their divorce peacefully. Your first consultation is free. We’re here to help you 24/7.