California Divorce Options
Collaborative Divorce
Mediation Divorce
Traditional Divorce
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Collaborative Divorce is a relatively new process which affords couples the opportunity to resolve their disputes respectfully in a non-adversarial approach, outside of court. Each party has an attorney specially trained in non-confrontational negotiations so the parties can focus on problem solving. Cases are resolved through a series of settlement conferences where each party's lawyer is present as well as other professionals as may be needed on a case by case basis. Though fully sanctioned by the courts, the process is private and usually less expensive and time consuming than traditional divorce.
Mediation is a form of Alternative Dispute Resolution (ADR) where a skilled neural mediator assists the parties in reaching an agreement outside of court. The mediator, often a lawyer, doesn't give legal advice to either party and doesn't favor one party over the other. The mediator does not make decisions, as the goal is for the parties to reach their own agreement in an environment of cooperation. Mediation is usually far less expensive and less time consuming than traditional divorce.
In the traditional divorce model, each party has an attorney to represent their interests and ultimately present their case to the Judge. Each lawyer prepares by obtaining information about the couple's finances and parenting abilities through formal procedures such as Depositions and Subpoenas. The goal of each attorney is to achieve the best possible result for their client within ethical boundaries. After all of the formal "discovery" is complete, the attorneys and clients may engage in settlement negotiations. However, if they are not successful there will be a court trial and the Judge will make the decisions. This traditional approach to divorce usually takes a year or more and is often very costly compared with the other two options above.