Riverside Collaborative Divorce Lawyer

Riverside Collaborative Divorce Attorney

If you are seeking a divorce from your spouse, you may know that traditional divorce proceedings can be time-consuming, expensive, and stressful. However, there is an alternative. With the help of a Riverside collaborative divorce lawyer, you can choose a collaborative divorce process founded on communication and respect.

Why Choose Edgar & Dow?

Edgar & Dow has over 20 years of experience in family law and has helped couples separate through a variety of divorce processes. Filing for divorce can raise questions about financial planning or child custody that can be difficult to answer, but our attorneys can help you understand your options and tailor your divorce agreement to your needs.

Decisions You Face During a Divorce

When filing for divorce, you are forced to decide how your financial assets and parental responsibilities will be divided. A lawyer can ensure that all of your assets are considered, often helping you explore solutions for:

• Financial assets. Retirement accounts, investments, or businesses are all examples of financial assets that must be considered during a divorce. Deciding how to split finances is difficult, but an attorney can consider separate incomes and earning potential, contributions during the marriage, or pre-marital assets.
• Debts. Choosing how to split debts can influence your ability to financially recover after a divorce. Common debts divorcing couples must consider include mortgages, student loans, and personal loans.
• Property and real estate. Deciding who will stay in the primary residence and determining how to divide or sell other property can have a major impact on your financial situation and life after a divorce.
• Child custody. Legal custody is the ability to make important decisions regarding your child, while physical custody determines which parent the child lives with and receives care from. Determining a plan to share joint custody or give one parent sole custody is a life-changing decision for you and your child.
• Child visitation. Visitation rights allow a parent to maintain a relationship with their child even if they do not have physical custody. There are many types of visitation plans, but during a divorce, you can determine who will have visitation rights and create a visitation schedule.
• Spousal support. Whether or not spousal support, or alimony, will be paid can depend on the income and financial situation of both parties. Traditionally, California courts calculate monthly alimony payments with a formula, though there is more flexibility when spouses can come to an agreement without the court.

Benefits of a Collaborative Divorce Process

Divorce is a common reality for many Californians, with over 10,000 marital family law cases filed with California superior courts. While some people go through litigation, where a judge decides the terms of the divorce, collaborative divorce offers many benefits from the day you file a petition for divorce with the Superior Court of Riverside County.

A collaborative divorce relies on both parties communicating with each other to determine mutually agreeable terms. The collaborative divorce process is confidential, encouraging full disclosure of financial information. Furthermore, to encourage good faith negotiations and highlight solutions for conflicts, both parties have a collaborative divorce lawyer and can consult professionals, such as financial planners.

A collaborative divorce binds spouses and lawyers in a participation agreement. This agreement reflects the commitment to resolving all issues through collaboration instead of in the courtroom. With a participation agreement, the divorce must be resolved in a settlement and cannot be pushed to litigation. This encourages communication and prevents threats of trial.

Why Hire a Collaborative Divorce Lawyer?

Legal representation is an essential part of the collaborative divorce process. Having legal representation can improve the outcome of your divorce by:

• Accounting for and evaluating all assets
• Explaining California’s collaborative divorce laws
• Ensuring all assets are included in divorce documents
• Encouraging collaboration and communication with the other party
• Facilitating discussions with third-party professionals like financial planners or child specialists
• Presenting potential solutions to resolve conflict
• Ensuring all divorce documents are accurate and legally valid

FAQs About Collaborative Divorce

What Is the Downside of Collaborative Divorce?

One downside of collaborative divorce is that it requires both parties to be willing to communicate with each other. A collaborative divorce is not well-suited if it is a contested divorce or if there is a large power imbalance or a safety risk between the two individuals, such as domestic violence. In these cases, open communication may not be possible or safe, and the traditional divorce process can better provide safety and fairness.

What Are the Three Cs of Divorce?

The three Cs of a divorce are communication, cooperation, and compromise. Couples must communicate throughout a divorce, cooperate with the legal process, and make compromises about how assets and responsibilities are divided. The 3 Cs are especially important in a collaborative divorce, where individuals must take more responsibility in deciding the terms of a divorce without a judge to make the final decision.

What Is the Difference Between Collaborative and Mediated Divorce?

The big difference between collaborative and mediated divorce is legal representation and the ability to turn to court. In a collaborative divorce, each party must hire a collaborative divorce lawyer and agree not to go to court. In a mediated divorce, a neutral mediator facilitates negotiation between the parties, but mediation does not require each party to have a lawyer and does not take away the option of litigation if needed.

Do Collaborative Divorces Have a Waiting Period?

Yes, collaborative divorces are still required to adhere to California’s six-month waiting period. The waiting period starts when the divorce petition is served to the other party. During this period, you can determine the terms of the divorce in collaboration with your spouse and have time to consider different options. After the six-month mark, your divorce can be finalized.

Learn How Edgar & Dow Can Help During a Collaborative Divorce

Going through a divorce can be difficult, but choosing a collaborative divorce can lead to a settlement that protects your interests while maintaining respect. A Riverside collaborative divorce attorney can facilitate a collaborative process, helping you avoid the pitfalls of divorce litigation. Contact Edgar & Dow for a free consultation to learn how legal representation can guide you through a collaborative divorce case.