dimanche 18 février 2018

Concepts Regarding Orange County CA Collaborative Divorce

By Thomas Wright


The end of a marriage is a painful, emotionally and financially draining experience for all parties involved and the traditional forms of divorce dragged this process out with either party trying to get the better of the other. Collaborative law allows a couple to reach a quick mutual understanding with the help of professionals trained in this kind of law. Here is what to know about Orange County CA collaborative divorce.

The couple is supposed to begin the process by signing a contract that binds both parties to the procedure thus barring their legal representatives the authority to represent either probably in any future legal processes. The contract is called a participatory agreement and this agreement can further be used to facilitate other family disputes that may arise amongst the family members.

A participation agreement is a legal document which spells out the terms under which the entire separation process must be held. It typically includes clauses that stipulate that the parties must disclose all information relevant to the separation from either side. It also stipulates that the parties will neither take the separation case to a court of law nor threaten to do so for the entirety of the process. The parties are also required to communicate honestly and respectfully until an agreement is reached and the process is concluded.

In most cases of collaborative divorces, the spouses usually negotiate acceptable and appropriate agreements with certain crucial professional aid. Both spouses usually hire their preferred and adequately skilled collaborative lawyer or attorney, who consequently advises and helps in the negotiation of a settlement agreement. The process may also involve various other experts, for example accountants or even child custody specialists.

Under normal circumstances, the spouses and their lawyers usually sign specific agreements which basically require the lawyers to formally withdraw from the lawsuit or case, in the event that the settlement is not fully reached or the case even goes to the courts of law. Most collaborative attorneys do not usually accept to represent their clients in courts, and this will call for the hiring of an adversarial lawyer.

These collaborative divorces have been lauded for their many benefits, compared to other forms of separating. First, this method can help to stabilize relationships, especially through the signing of a tentative or temporary agreement. Another advantage is that this method usually allows both spouses to exchange and share all the information in a voluntary manner, without any coercion or complement whatsoever.

The inclusion of a child specialist is incredibly vital and has proven invaluable to so many parents who have to help children adjust to the reality of their divorce. The changing living dynamic of now having two households as opposed to just the one they have grown up in.The acceptance of possibly new individuals to their family set up such as new spouses on either side. Mental health experts are vital to helping all parties affected deal with the psychological trauma that is ultimately unavoidable.

Conclusively, it is imperative to note that if one party is not contented with the agreement he or she can result to the litigation process that will involve the courts. However, in orange county CA the process has worked for many spouses and has helped them reach a mutual agreement.




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