1. Cost Effective and Faster
A collaborative divorce is the most efficient and effective way to obtain a divorce as both parties work together, collectively to reach an agreement as to all the issues and enter into a marital settlement agreement. A collaborative divorce is when both parties retain counsel but agree to work together in good faith to reach a settlement.
2. Stay out of Court
Once the parties sign a Collaborative Divorce Agreement they have contracted to:
1. Keep the matter out of court;
2. Work in good faith to reach a settlement;
3. Exchange and disclose all financials to each other at the onset of the case and voluntarily and
4. To keep the matter out of court.
Backed Up By Statutory Code:
Family Code Section 2013 is a newly enacted Collaborative Divorce statute that provides strict requirements and mandatory compliance with certain terms to ensure the parties stay out of court. For instance, if a party wishes to opt out of a collaborative setting then they would have to give 30 days notice to other side and new counsel would have to be retained prior to filing that motion. The reason new counsel would have to be retained is because a collaborative divorce setting requires open discussions and one party might disclose information that they would not otherwise disclose, so the attorney is privy to that information.
I have found through experience that clients receive the most benefit in a collaborative divorce setting as they are less stressed than standard litigation. In a collaborative divorce the parties are still receiving adequate advocacy and representation as each party has counsel, it is more cost effective and the savings show, and the process occurs faster with less fighting. It really is the best solution but it works only when both parties are on board.
A collaborative divorce is best and encouraged; however, it cannot work when both parties are not sincerely working towards a fair determination of issues that would benefit both parties during a divorce. The Atighechi Law Group is experienced in both strategies. We believe in a collaborative approach so our clients reach their goals with the least amount of emotional stress and legal expenses although we will aggressively litigate a case if we must. A collaborative divorce is to mediate the issues with the other side or with a mediator. You spend less in legal fees and expenses during a collaborative divorce. Every divorce can be worked out and settled. It is up to the parties discretion whether they want to take this route but it is recommended.