When you begin to realize that your marriage is falling apart and the best path forward is to get a divorce, your mind then goes into hyper-drive because you are not sure which divorce process will work the best and keep your family unit intact.
In California, there are four different types of divorce processes, let’s talk about each one:
In a traditional negotiated or litigated divorce, the courts and attorneys take a key role in deciding your fate for financial support, division of assets and child custody. This method can be costly and it can take a long time to work your way through the court process. It is also adversarial, which in the end can damage your family.
With a pro se divorce, couples work through the divorce without lawyers. They take on the responsibility of filing all the many forms a divorce requires. Each person represents themselves, and finally, they draft their own agreement. This type of divorce works well when divorce issues are simple, assets are small and children are not involved.
In mediation, the couples work with a neutral third party to guide the discussion to resolve issues; however, they cannot provide legal advice. Each client may also choose to have a consulting attorney to provide them with legal advice.
In the collaborative divorce process, the final agreement is agreed upon based on a no-court divorce model, leaving your family intact. It addresses the needs of everyone, especially your children. It often involves a team of professionals – an attorney for each spouse, a neutral financial professional, and may also include a divorce coach – all working together to create a divorce agreement that meets everyone’s needs and interests.
When you are looking for the least confrontational process, most often mediation and the collaborative divorce processes are the best vehicles to use.
A Better DivorceTM is an interdisciplinary group of professionals who are committed to non-court, non-confrontational solutions for family law matters.
Note: This information is general in nature and should not be construed as legal/financial/tax/or mental health advice. You should work with your attorney, financial, mental health or tax professional to determine what will work best for your situation.