Common Collaborative Divorce Questions We Get

Divorce is never an easy process, but choosing how you will end your marriage can make a significant difference in the final outcome, both financially and emotionally. Collaborative practice offers a dignified, out-of-court path focused on mutual respect and shared problem-solving. Contact our Alameda County, CA collaborative divorce lawyer today to get more of your questions answered!

Does Collaborative Divorce Mean We Don’t Need Attorneys?

No. Collaborative divorce is a team-based approach that actually requires both spouses to hire their own attorneys. The difference is that your attorney is trained in collaborative law and commits to settling your divorce entirely outside of court. Our attorney acts as a strong advocate for your goals while operating within a framework of good faith and mutual respect. Disputes can also occur, even in a collaborative divorce.

Is Collaborative Divorce The Same Thing As Mediation?

No, they are different. Both are forms of alternative dispute resolution, but the structure is different. In mediation, a single neutral mediator assists both spouses in reaching an agreement; the mediator cannot provide legal advice to either party. In a collaborative divorce, you and your spouse each have your own attorney present at every meeting. Our attorney brings decades of experience in handling cases that require intense litigation alongside cases that may just need some mediation.

What Happens If We Can’t Reach An Agreement?

This is a very important question. At the beginning of the collaborative process, all participants—you, your spouse, and both attorneys—sign a Participation Agreement. This agreement includes a “disqualification clause.” If the collaborative process breaks down and you decide to go to court (litigate), the Participation Agreement legally obligates both collaborative attorneys to withdraw from the case.

Can The Collaborative Process Be Used For Child Custody And Support Issues?

Yes. The collaborative process is particularly well-suited for resolving all issues related to children, including child custody, visitation schedules, and child support. Because it is a non-adversarial setting, we can focus on creative, long-term parenting plans that prioritize the children’s best interests.

Can A Collaborative Divorce Save Us Time And Money?

Generally, yes, the collaborative approach is less expensive and faster than traditional courtroom litigation. Litigation involves formal discovery, depositions, countless court appearances, and mounting legal fees that can escalate quickly. The collaborative process bypasses most of these costly, time-consuming steps by relying on full, voluntary disclosure and cooperative four-way meetings. While the overall cost depends on your financial situation and the level of cooperation between spouses, our experience shows that avoiding a drawn-out court battle results in a much more efficient and cost-effective resolution for both parties.

Seek Legal Help Today

Choosing a less combative path is the first step toward a more positive future for you and your family. Life happens, and sometimes you and your spouse may decide it’s time to file for divorce. Attorneys aren’t just used for heated divorces with lots of disputes—though that definitely happens! A collaborative divorce can be a way to make sure that both parties are equally represented. Contact our Attorney Bernie today to benefit from his decades of family law experience.