Notes On Orange County CA Collaborative Divorce

By Thomas Wright


When a relationship or marriage hits a rock, then the most prudent move to take is a divorce or separation. There are many ways that this can be done, and the commonest way across the world is through a court of law. The court listens to both sides of the divide, and then provides the next directions. Nonetheless, some spouses may reach an agreement even without going through the courts, and this is called Orange County CA Collaborative Divorce.

Each party hires a lawyer whose sole purpose is to get the most favourable outcome for their client but each keeping in mind that the process should remain as amicable as possible. This is in compliance with a participation agreement that both parties must sign.

Spouses that have differing perspectives and assertions especially with regards to various crucial issues such as child custody, property division, spousal support, and many others may choose to hire a mediator who can help them reach an agreement collaboratively. Additionally, spouses that agree on almost everything can also choose to proceed with their divorce collaboratively, thus without the input of these mediators.

In most cases of collaborative divorces, the spouses usually negotiate acceptable and appropriate agreements with certain crucial professional aid. Both spouses usually hire their preferred and adequately skilled collaborative lawyer or attorney, who consequently advises and helps in the negotiation of a settlement agreement. The process may also involve various other experts, for example accountants or even child custody specialists.

Under normal circumstances, the spouses and their lawyers usually sign specific agreements which basically require the lawyers to formally withdraw from the lawsuit or case, in the event that the settlement is not fully reached or the case even goes to the courts of law. Most collaborative attorneys do not usually accept to represent their clients in courts, and this will call for the hiring of an adversarial lawyer.

These collaborative divorces have been lauded for their many benefits, compared to other forms of separating. First, this method can help to stabilize relationships, especially through the signing of a tentative or temporary agreement. Another advantage is that this method usually allows both spouses to exchange and share all the information in a voluntary manner, without any coercion or complement whatsoever.

Another also significant advantage associated with collaborative divorce is that it ensures that both parties formally agree on the various legal procedures that are most preferable, and also which can cut down on unnecessary expenses and generally simplifying the entire process. This method also allows for the negotiation of a settlement that will work perfectly and effectively for both spouses.

When all is said and done collaborative law may not entirely take away the ugliness of separation but it does, to a great extent, minimize the financial and emotional burden that the family would normally have to endure in a traditional divorce process. And in some cases allow the couple to part ways in a less hostile manner with each accepting the eventualities that face them.




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