Collaborative Law

Breakups and lawsuits are two of the most stressful events that ordinary people go through. Divorce litigation combines the two and compounds the misery they bring. When people who were married-who once loved each other-go up against each other in a lawsuit, they're forced to navigate the minefield of adversarial litigation at the same time they're struggling through the psychological and emotional fallout from their breakup.

Some couples are able to divorce amicably, simply parting ways without causing each other a lot of trouble. Many of them don't hire lawyers. They agree on how to split their possessions, do their own paperwork, and get to work at rebuilding their separate lives. They're still affected with the emotional pain that accompanies every divorce, but they manage to avoid the extra difficulty of a lawsuit.

For other couples, divorce litigation is practically unavoidable. In those cases, each spouse retains a lawyer is to squeeze as much out of the other spouse as possible. But after the dust has cleared, the spoils obtained by a zealous lawyer can be completely wiped out by the expense of having to pay that lawyer. It's not hard to see how this process drains the finances of both sides and leaves them emotionally burned over.

Why is there such a huge difference in the way people divorce? Every couple is different, but the biggest factor is probably their ability to communicate honestly with each other. Some couples can take care of their divorce on their own. Some couples will need to fight it out in court. But many couples, with help, can collaborate on settling their divorce. That's where the technique of collaborative divorce comes into play.

In the collaborative process, the parties and their attorneys begin by agreeing-all of them-that they will not take their dispute into court, or threaten to do so, that they will be respectful of each other at all times, and that they will communicate openly and honestly. Then they hold a series of meetings to discuss all of the issues that need to be resolved in the divorce.

One of the goals of collaborative law is to help people resolve conflicts on their own terms. Once a case goes before the court, the judge begins issuing orders. Sometimes those orders will be the best solution, but more often they won't be. The judge has to make a decision with a relatively small amount of information and does not have time to consider the more nuanced details of the parties' positions. Most people don't like when somebody else is making decisions for them, especially when that person is a judge. The collaborative process is a way to help people make their own decisions.

Divorcing couples in Fresno and the Central Valley can use the collaborative process by going to the collaborative attorneys who practice in the area. Each of the spouses will need to retain his or her own separate attorney. The pool of collaborative attorneys in the Fresno area is affiliated as the Central Valley Collaborative Law Affiliates (CVCLA). The lawyers in this group each practice separately, but they are all committed to the collaborative process and work with each other often. They gather periodically to share new ideas and provide mutual support.

Collaborative divorce is not for everyone. But before you leap into the gladiatorial ring of divorce litigation, consider whether you and your spouse are a good fit to the collaborative process. Are you able to communicate well enough to collaborate on restructuring your lives apart? If so, you might want to consider collaborative divorce.

If you need help determining whether collaborative divorce is right for you and your spouse, you can contact Childs Law Group to set up a consultation.