Orange County Collaborative Divorce Lawyer
Your Divorce Does Not Have to Be Costly & Time-Consuming
Traditional divorces litigated in court can be expensive and emotionally taxing. The interests and needs of each spouse may not be fairly represented when the terms of a divorce agreement are left up to a judge. Many couples struggle through divorce litigation because they see no better options, but there are alternative methods that may give spouses more control over the process and allow them to reach amicable solutions.
Collaborative divorce can save couples time and money, and even reduce the emotional stress involved. For couples who believe that dissolving their marriage is the best solution, the process does not have to be difficult and exhausting. I have been helping spouses work toward amicable solutions since 1993. With more than 20 years of experience, my firm is prepared to handle any of the
family law issues that you currently face.
The Basics of a Collaborative Divorce
The collaborative divorce process allows divorcing parties to negotiate agreements outside of court. Instead of taking their case to a judge, spouses negotiate with their attorneys present. This can allow them to communicate more openly about their needs and concerns. When a divorce agreement is reached, the couple's lawyers draft a final agreement and present it to the court, where a judge may approve the arrangements.
Before couples sit down to discuss the issues and make arrangements, the spouses must sign an agreement to participate in the process and make a full disclosure of all assets and income. This not only keeps the process fair for all parties involved, but also protects spouses from fraud and other issues. If a collaborative divorce fails to meet a spouse's expectations, he or she may void the process and choose to initiate divorce litigation.
Wondering why you should choose an amicable divorce? You can find more answers on our FAQ page!
How does this differ from a traditional divorce?
If you and your spouse are going into a collaborative divorce on the same page, the process can be relatively painless. Before starting this process, it's imperative that you and your spouse sit down with your lawyers present and complete a participation agreement. This agreement requires both parties to agree that all information will be shared freely, both parties will negotiate without going to court, all neutral mediators will be agreed upon and, if litigation is unavoidable, new counsel will replace the collaborative divorce lawyers.
What are the benefits of collaborative divorce?
Working with a collaborative divorce attorney in Orange County can have several benefits. Since spouses must reveal all of their assets as a part of this process, both parties can save time and money by reducing the duties of their lawyers. They will also be able to avoid court fees and lengthy procedures. Spouses can reach mutually-beneficial agreements when they maintain open communication and keep the interests of both parties in mind.
Are you considering collaborative divorce? This method can:
- Save spouses a significant amount of time
- Reduce the financial expenses involved in divorce
- Give spouses more control over their divorce
Steps Involved in a Collaborative Divorce
If there are any problems with this process and a settlement can't be reached, you will have to take your case to court. Not only is this a more tedious means of settling a divorce, but it's usually more expensive. Oftentimes, the court will settle your case similarly to how it would have been settled in a collaborative process.
- Complete disclosure: You and your spouse must first make a detailed list of all assets and income. Proper documentation must be available to back up items on the list such as receipts or tax returns.
- Conference: You and your spouse must be able to sit down with your collaborative divorce attorneys and work out the specific details of your divorce. This may require more than one session.
- Issue agreement: During this stage of the process, you and your spouse will resolve any issues pertaining to child support, child custody, distribution of property and alimony.
- Draw up an agreement: Your lawyers will revise all of the documents you've presented and take them to court to be approved without you and your spouse having to be there.
Working with a Team of Specialists
It may be advantageous to hire a collaborative divorce team if difficulties and disagreements arise. This could be any combination of lawyers, mediators, financial professionals, child care professionals or divorce coaches. For instance, if you get through your list of assets and debts without any hang-ups, but hit a wall when it comes to child custody, you may want to bring in a child care specialist during the "issue agreement" phase.
They may be able to help you come to an agreement that won't force you to take the case to court. A collaborative divorce is still practical even if you and your spouse aren't amiable. An Orange County collaborative divorce lawyer will support and guide you and your spouse through this difficult time. If tempers are on the rise, you might also want to consider bringing in a divorce coach, who can help to move the process along.
Pursue Effective Resolutions with Kevin B. Gibbs, APLC Today
As a board-certified family law specialist, I possess the knowledge and skills that spouses may need to make positive decisions. When your family's future may be affected by the arrangements of your divorce, do not leave it to chance in a lengthy court battle. As an Orange County collaborative divorce attorney, I may help you and your spouse find better solutions outside of court. When couples are honest about their individual interests and needs, they may make better decisions for their present situations and their future. If you are interested in learning more about this unique option, please do not hesitate to
contact Kevin B. Gibbs, APLC today.
I offer a free initial case evaluation, which I will strive to schedule within 48 hours of your call.