Understanding Collaborative Divorce in Stockton

Marriages end for lots of reasons. But even when it makes sense for a couple to split up, that doesn’t mean they want to go through an angry, aggressive, or acrimonious divorce. That is exactly why collaborative divorce has become such a popular option in recent years. Couples can settle the important issues relevant to divorce without creating deeper or newer wounds in the process. This quick overview should give you an idea of whether collaborative divorce in Stockton, California is the right option for you and your spouse.

What is Collaborative Divorce?

The name does a lot to describe what a collaborative divorce involves. Rather than relying on the combative environment of a courtroom and the final decision-making of a judge, couples take advantage of mediation and negotiation to settle a divorce amicably and collaboratively. The goal is not for one side to “win” but for couples to productively and equitable dissolve a marriage in a way that works for everyone. Collaborative divorce may not be the right option for all couples. But for some couples, it is the only option that will work.

Collaborative divorce requires that both participants are willing. If your spouse or yourself plans to be noncooperative about the process, collaborative divorce may not be the option for you.  While a collaborative divorce tends to be a cheaper and less stressful option, if your spouse is not willing to negotiate throughout the collaborative process and you end up going to litigation, you will have to get new attorneys. The cost of a failed collaborative divorce plus hiring new attorneys and litigating in court can amount to way more money than you initially intended.

Why Choose Collaborative Divorce?

You are right to wonder if collaborative divorce is the best option. You should also investigate whether it creates any obstacles or setbacks. After all, there is a lot riding on the outcome of your divorce, and you will not want to agree to terms that negatively affect you for years to come. But it’s just as important to understand why collaborative divorce in Stockton is better than a traditional divorce proceeding:

• The option is lower cost and typically quicker to complete
• The informal setting of mediation is more comfortable for most people
• Couples are free to dictate the course of the conversation so that information is exchanged naturally and easily
• Plans are made to handle disputes that come up after the settlement
• The end result is one that both parties can agree on.

The Process

1. You each hire your own attorney and privately work out the details of your divorce. This is your time to set parameters on the splitting of assets and debts, child support, alimony, and any other factors that you and your spouse may not agree on. It’s important that you make sure to tell your attorney what you want and what you are willing to compromise on. All of this should be done before the negotiations begin so that they can run more smoothly.
2. You and your attorney, meet with your spouse and their attorney to begin negotiations. You’ll meet several times and during this time, the use of non-biased third-party individuals, like child support specialists and accountants can really help you and your spouse settle and compromise.
3. For issues you are having trouble agreeing on a mediator can be brought in to help figure things out.
4. Once you have settled on everything, the divorce and settlement agreements will be filed in family court.

Hiring A Stockton Divorce Lawyer

Even if there are hard feelings between you and your spouse, collaborative divorce in Stockton could be the best option to help you achieve the outcomes you really want. To learn more, contact Erica N. Bansmer Attorney at Law by calling 209-474-2400.