Homewood Divorce Mediation and Collaborative Divorce
Divorce is a complex process where a lot of areas need to be settled before either party can continue on a new, single life. But the good news is that this process doesn’t necessarily have to be a messy, lengthy, and costly legal battle.
You can opt for an alternative to divorce litigation with the help of our Homewood divorce meditation and collaborative divorce experts!
At Bartholomew & Wasznicky LLP, our family law attorneys are well-trained and extensively experienced in guiding divorcing couples to the different forms of alternative dispute resolution. This includes representing them in a collaborative divorce and helping them reach a mutually beneficial agreement through mediation.
We recommend calling us for an initial consultation. Our divorce lawyers would love to answer your questions and offer more comprehensive guidance than this article can give.
Seeking a peaceful divorce? Contact Bartholomew & Wasznicky LLP in Homewood today at (916) 260-2637 to explore divorce mediation and collaborative divorce options. Our experienced attorneys will guide you through a respectful and cooperative process. Schedule a consultation now to achieve a harmonious resolution for your divorce.
What is a Collaborative Divorce?
Collaborative divorce is where the divorcing couple works together to resolve divorce-related issues without involving litigation.
Each party will be represented by their own divorce attorney as they meet and negotiate the terms of their divorce agreement. The attorneys of both parties will also pledge to not litigate or threaten to litigate the matter.
The entire process will consist of several meetings that will involve other experts too. In order to reach a settlement agreement that will bring light to all the relevant factors in your divorce, professionals in other fields will join the discussion. These usually include a financial specialist, psychologist, child life/specialist, and therapist.
Full disclosure is required from either party during the collaboration process. But the presented documents and discussed information during the collaborative divorce meetings will remain confidential. Only the final divorce order will be under public record.
In line with this, attorneys of both parties will have to withdraw if the collaboration fails and the parties decide to pursue litigation instead. This is mainly due to the amount of information that they’ve already known from the collaborative divorce process.
How Does Divorce Mediation Work?
Divorce mediation is mostly similar to collaborative divorce in the sense that parties try to negotiate with each other to reach a beneficial divorce agreement. The major difference is that a mediator guides the discussion, and both parties don’t necessarily need a lawyer.
A mediator is an unbiased party that won’t provide legal counsel that will be beneficial for one spouse alone. The mediator’s job is to facilitate an open, productive conversation in the most peaceful way manageable.
The entire process aims to let both parties arrive at a settlement agreement in the fastest, least complicated way possible. And like in collaborative divorce, all documents and discussions used throughout the mediation process will remain confidential.
Choosing the Right Alternative to Divorce Litigation
Divorce litigation can be trickier than you initially thought. Proceedings may even turn more emotionally upsetting, which won’t help the case in any way. That’s why at Bartholomew & Wasznicky LLP, our lawyers will help you choose an alternative by explaining the differences between Homewood divorce mediation and collaborative divorce processes.
We recommend talking to our divorce lawyers so your questions will be answered as thoroughly as possible.
You and your soon-to-be ex-spouse can have better control over your post-divorce lives through collaborative divorce. This process will allow you and the other party to agree on how to customize your divorce order as long as the terms adhere to California statutes. Litigation, on the other hand, will give decision-making rights to the judge.
Mediation also lets you negotiate the terms of several divorce-related issues, like spousal support and property division. However, both collaborative divorce and mediation cannot resolve child custody and child support issues. These aspects will still be resolved in family court. But you can use mediation and collaboration to draft a parenting plan to make the court proceedings easier.
Mediation can be the answer if you’re looking for a litigation alternative with better control. You and your spouse can go through mediation without lawyers, giving you full control over your next actions. There are also no other experts like psychologists who can change your or the other party’s mind.
But if you want an efficient process that can lead to a more reassuring agreement, you might want a collaborative divorce instead of mere mediation. This is because all the experts involved in the collaboration specialize in different aspects, such as finances, child care, and family therapy.
With their contribution, you and the other party can better consider your circumstances. And ideally, their expert insights will help you agree on terms mutually benefit both parties and prioritize the children’s (if there are any) well-being.
Mediations tend to be quicker than collaborative divorce since you and your soon-to-be ex-spouse fully control the pace. Both of you may even reach an agreement as early as the first session.
On the other hand, collaborative divorce can take more meetings, especially since the process requires the presence of other professionals. You and the other party will also have private meetings with your respective lawyers in addition to the ones where everyone is present.
In mediation, only one lawyer is hired to mediate for both parties. This will incur less expense than collaborative divorce, where each party will pay for their own attorneys. Other professionals needed for the procedure will also pose extra charges.
Also, since mediation is often completed within fewer sessions than collaborative divorce, the overall money spent on the entire process will be less too.
Type of Case
Aside from personal preferences, your specific type of marriage will also play a huge role in choosing between collaborative divorce and mediation.
For instance, if domestic violence is involved or high-value assets are subject to division, it might be better to go through collaborative divorce. The legal counsel of an expert divorce lawyer and other professionals’ insights will customize the divorce order to your specific case better.
Full-Service Homewood Family Law Attorneys
Bartholomew & Wasznicky LLP is a respected Homewood, CA law firm specializing in family law. Our lawyers are passionate about resolving any of your family law issues as efficiently as possible. Our legal service is available not only for divorce cases but also for paternity and domestic violence issues, to name a few.
Should you decide to work with us, rest assured that the lawyer who will handle your case is licensed, highly trained, and experienced. We will be with your every step of the way. We’ll ensure that your actions will lead to the best legal outcome possible.
And with our experience in the field, we understand how emotionally and mentally taxing family law cases can be. You’ll face people you used to or still care about in court, and things might get messy. So we will be the voice of reason who will make your legal battles as least stressful as possible so you and your family can move forward to a better, more peaceful home life.
Talk To Our Legal Experts Today
If you want to know whether divorce mediation or collaborative divorce is the right path for you and your future ex-spouse, talk to us at Bartholomew & Wasznicky LLP. We will give you a clear rundown on how each process works and why it is fitting or inappropriate for your situation.
And if ever none of these two options work for you, one of our professional divorce lawyers can always represent you during litigation. Just call us, and we can assess your case immediately.
Choose a peaceful path for your divorce. Contact Bartholomew & Wasznicky LLP in Homewood at (916) 260-2637 for a consultation on divorce mediation and collaborative divorce. Our skilled attorneys will help you navigate a cooperative process.