When It's Over,
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Modesto Collaborative Divorce Lawyer
Collaborative Divorce Lawyer Modesto, CA
A Modesto, CA collaborative divorce lawyer understands that even the friendliest of divorces can still leave a person feeling emotional and stressed. However, it doesn’t have to turn into a contentious, long-drawn-out legal battle. Today, many couples are turning to alternative resoultion methods when it comes to legally ending their marriage. These methods are even available for couples who have issues such as child custody and asset division to address. If you and your spouse are committed to ending your marriage in a cooperative manner, collaborative divorce may be for you.
What is collaborative divorce?
In a collaborative divorce, the couple works in a cooperative manner to resolve the marital issues that they need to address. Some of these marital issues include child custody, asset, and debt division, and spousal support. Instead of working in an adversarial stance, working against each other like in a traditional divorce, they negotiate the marital issues to reach solutions that the spouses both agree upon.
If you choose is a collaborative divorce, you will be represented by a Modesto collaborative lawyer. Your lawyer will advocate for you and provide you the legal guidance to ensure your best interests are protected during this process.
What is a collaborative team?
One of the critical components of a collaborative divorce is the collaborative team. The team is compromised of different professionals who provide the insight as to the pros and cons of the various solutions the couple may be coming up with. These professionals can include:
- A child specialist to help understand the impact of the divorce on the couple’s children, as well as help put together a solid parenting plan.
- A real estate appraiser who will accurately value all of the properties the couple owns and help decide the way to divide these properties up.
- A financial counselor to examine the couple’s finances, such as investment portfolios, and provide the information needed to help with a fair asset division.
Other professionals that may be on the collaborative team include divorce coaches, psychologists, and other professionals that can assist in the process.
What is a participation agreement?
Before the collaborative divorce process can begin, the couple, their attorneys, the collaborative team, and any other participants must sign a participation agreement. The agreement will state that the parties agree they will:
- Maintain an attitude of respect and cooperation throughout the process
- Negotiate in good faith
- Will not seek court intervention, but instead resolve divorce issues through the collaborative process.
- Make full and accurate disclosure of all relevant issues
- Provide all financial documents and any other records needed to reach a fair agreement
What if the collaborative divorce process fails?
Should the couple be unable to resolve their issues through the collaborative divorce process and one or both spouses end up filing legal petitions with the court, the whole process begins at square one. The attorneys representing the couple in the collaborative process cannot represent them in the divorce litigation. New attorneys must be hired.
How do I find out if collaborative divorce is appropriate for my situation?
To learn more about the collaborative divorce process, call Kempen & Company to schedule a free and confidential consultation with a dedicated Modesto collaborative divorce lawyer.
"Bernie and his team have been incredible! Always responsive, professional, and, most importantly, ethical. Bernie's recommendations are exactly what I would expect from a professional in this field. He does not want you wasting your money on something a judge won't ultimately approve in court. In my experience, his team has tried to save me money where they could. I highly recommend him and his team. They will put in the time and effort to ensure you are well represented!"