Pursuing a divorce is one of the most difficult and painful decisions that a person can make. Every relationship is different and the problems that lead to divorce can vary greatly. Some couples realize they are incompatible due to communication issues or financial disagreements, while others simply realize that they would likely be happier on their own. Regardless of the reason, the majority of couples realize that they would like to proceed through divorce peacefully and harmoniously, avoiding contentious disputes and litigation. Collaborative divorce is the preferred option for many couples, allowing spouses to negotiate the terms of their separation and cooperate to reach an agreement on important matters like asset division, custody, and support. Seeking legal guidance from an experienced Los Angeles collaborative divorce attorney can be beneficial in these cases. Diaz Law Firm has an experienced divorce attorney who works closely with California families to peacefully negotiate divorce. To learn more about how we can help you with your divorce, consider contacting our office at (626) 261-0402 today.
What Is Collaborative Divorce?
Collaborative divorce refers to the legal process in which spouses can negotiate and agree on the terms related to the dissolution of their marriage. Using a combination of mediation and other litigation alternatives, couples can dissolve their marriage respectfully and amicably, without the need for contentious or time-consuming court proceedings. Key decisions are made by the spouses without the imposition of a judge’s ruling or other authority.
During this process, each party will retain the services of their own Los Angeles collaborative divorce attorney who will be responsible for discussing and resolving issues that arise. The services of financial planners, parenting coordinators, and real estate brokers may also be utilized to negotiate the terms of the divorce, if necessary. The final settlement agreement must be approved in court before the marriage can be fully and legally dissolved.
Traditional Divorce Vs. Collaborative Divorce
The primary difference between a traditional divorce and a collaborative divorce is the reliance on court proceedings to negotiate the terms of the dissolution of marriage. Traditional divorce is a legal process overseen by the court system, which relies on a judge to make key decisions related to asset division, child custody and visitation, and support orders. Collaborative divorce, on the other hand, allows the process to remain outside of the court system. This provides greater authority to the couple to make these important decisions.
What Is the Difference Between Collaborative Divorce and Mediation?
Collaborative divorce and mediation are similar, but there are key differences that distinguish the two processes. In mediation, only one professional is used to help both parties reach an agreement. This individual is referred to as a mediator and this person can be a trained professional or an experienced attorney. Mediation can be quick and cost-effective, but if unsuccessful, other strategies must be utilized.
In a collaborative divorce, both parties will hire an attorney to assist with the negotiations. While this process may be slower than mediation alone, it is often more successful as couples have adequate time to work out the terms of their divorce.
Diaz Law Firm: What We Do & Our Core Values
Founded in 2008, Diaz Law Firm is a Los Angeles-based practice dedicated to helping California families navigate divorce and other family matters. Cheryl Deptowicz-Diaz approaches every case with compassion, transparency, and respect, ensuring that her clients feel at ease and confident in their legal representation. Having spent well over a decade working through issues related to divorce, child custody and support, paternity, and domestic violence, she has the skill and experience necessary to help people restructure their lives considering family challenges.
FAQs Answered by DLF’s Los Angeles Collaborative Divorce Attorney
The knowledgeable Los Angeles collaborative divorce attorney at Diaz Law Firm spends a great deal of time providing accessible and reliable legal information to current and future clients. The following are two of the most frequently asked questions that DLF receives.
What Are the Advantages and Disadvantages of a Collaborative Divorce?
Making the decision to pursue collaborative divorce is not always straightforward. For some couples, it is the most ideal avenue to peacefully dissolve their marriage. For others, a collaborative divorce is an unattractive option for a variety of reasons.
Some of the key advantages of collaborative divorce include:
- Spouses remain in control of the divorce process
- Transparent and focused on cooperation and negotiation
- Faster and more cost-effective than traditional divorce
- Offers customizable solutions based on the unique circumstances of the family
- Less stressful for all parties involved
- Removes the need for court involvement
On the other hand, some of the most notable disadvantages of collaborative divorce include the following:
- Requires both parties to negotiate in good faith
- If collaborative divorce fails, you must restart the divorce process from the beginning
It should also be noted that collaborative divorce is unavailable in cases where domestic violence is involved. Otherwise, collaborative divorce can be a valuable option for couples who are able to communicate effectively and reach agreements regarding the dissolution of their marriage.
How Long Could a Collaborative Divorce Take?
One of the key benefits of collaborative divorce is that the process is customizable. Collaborative divorce can occur as quickly or slowly as necessary to reach an agreement. While the traditional divorce process can take between six months to several years, collaborative divorce typically resolves much faster. On average, collaborative divorce takes three to six months to complete, however, every divorce is different.
Hiring a Los Angeles Collaborative Divorce Attorney
More often than not, divorce is a difficult process for all parties involved. Every couple is different, and the strategy used to dissolve one marriage may not work for another. For couples who are able to communicate and reach negotiations cooperatively, a collaborative divorce may be the most ideal option. At Diaz Law Firm, Los Angeles collaborative divorce attorney Cheryl Deptowicz-Diaz will work to understand your goals and objectives and uphold your interests at every step of the process. To begin the process, do not hesitate to contact us online or phone us at (626) 261-0402 today.