How do I start the collaborative divorce process?
The first step in starting a collaborative divorce in California is to hire a collaborative divorce attorney. You and your spouse must each hire a lawyer who is knowledgeable in collaborative divorce law and has experience in the collaborative process. You and your spouse will meet with your respective attorneys and prepare a “Participation Agreement” that outlines the process. This document serves as a contract between both spouses, their attorneys, and other experts that may be part of the team. Your next step is to create a team that will help both parties work through the divorce process. This team will typically include the collaborative attorney for each spouse, a financial professional, and a mental health professional. The goal of this team is to provide support and guidance for both parties by helping them make sound decisions throughout the process. Once the team is assembled, both spouses and their attorneys will meet together to discuss the goals of the divorce. During this meeting, both spouses will share their financial and emotional needs with the team, and the team will then work together to develop a plan to meet those needs. This plan typically includes issues such as child custody, division of assets, alimony, and any other issues that need to be addressed. Once an agreement is reached, the parties will prepare the necessary documents to finalize the divorce, and then file them with the court. Once the court finds the agreements to be legally binding, the parties may then finalize their divorce. With a collaborative divorce, you can avoid the stress and costs associated with traditional litigation and work together to find an amicable solution.
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