Beverly Hills Collaborative Divorce Attorney
The dissolution of marriage is the legal process of divorcing your spouse in California. When you divorce your spouse, much more is involved than ending the legal union. Many issues must be resolved, including child support, spousal support, child custody, and property division.
If you and your spouse cannot agree on the terms of your divorce, you face costly and lengthy litigation as you fight each other in court. However, you may be able to avoid going to court for your divorce if you work with a collaborative divorce lawyer in Beverly Hills, CA.
Our Beverly Hills divorce lawyers at Berenji & Associates Divorce Lawyers have over 45 years of combined family law experience. We are seasoned trial lawyers and successful divorce mediators. We have extensive experience handling all types of divorce cases.
Contact our law offices in Beverly Hills, California, today to get started with an initial consultation at (310) 271-6290.
How Berenji & Associates Divorce Lawyers Can Help You Avoid Divorce Litigation With a Collaborative Divorce in Beverly Hills
The California divorce process begins when a spouse files divorce papers. Since California is a no-fault state for divorces, you do not need to prove wrongdoing to obtain a divorce. However, that does not mean your divorce will be quick and easy.
On the contrary, divorces in California can take months or years to complete if the parties disagree about important issues. Although California is a community property state, property division can be contentious – to name just one example. However, if your attorney is experienced in collaborative divorces, you may be able to resolve the problems quickly, efficiently, and to your satisfaction.
When you hire our award-winning Beverly Hills divorce attorneys, you can expect us to:
- Discuss your marriage with you to gain insight and understanding of your situation
- Assist you in identifying the issues that are most important to you
- Work with leading expert witnesses when necessary
- Develop a strategy to obtain a divorce settlement that meets your needs and goals
- Work to protect your best interests and the well-being of your children
- Use negotiation and divorce mediation to resolve disputes
- Prepare your case for trial and go to court if that is the best way to achieve your desired outcome
Our top-rated divorce and family lawyers in Beverly Hills, CA, have received awards and recognition from numerous organizations, including Super Lawyers and The National Trial Lawyers. We’re qualified to help you every step of the way and will work hard to get you results that let you move forward as best as possible. Get in touch with us today to schedule an initial consultation.
What Is a Collaborative Divorce in Beverly Hills, CA?
If you and your spouse are arguing over the details of your divorce case, you might assume you have no choice but to go to court and fight to obtain a fair divorce settlement. However, going to court does not guarantee the outcome you desire. The judge makes decisions for you instead of you controlling the terms of your divorce.
A collaborative divorce can avoid the time, stress, and expense of a litigated divorce. It can achieve a better outcome that you may receive in court because you and your spouse are in control of the outcome.
You may choose divorce mediation. However, the mediation proceedings may be unsuitable if your divorce involves complex issues or you are having trouble agreeing on a compromise you and your spouse can accept. In that circumstance, mediation without lawyers might not be the best option.
In a collaborative divorce, each spouse is represented by an attorney. Divorce attorneys assist their clients in negotiating a suitable divorce settlement. However, each party must agree to use collaborative divorce proceedings instead of going to court to finalize their divorce.
What Are the Benefits of a Collaborative Divorce in Beverly Hills, CA?
A collaborative divorce can be an efficient, cost-effective way to obtain a divorce settlement. Benefits of using the collaborative divorce process include:
- It is less expensive than litigating the divorce in court
- The spouses are represented by attorneys who help them navigate complicated legal issues
- The parties can use experts to facilitate the collaborative divorce process
- The couple has the flexibility to address issues and negotiate a resolution that meets everyone’s needs
- The spouses maintain control over the decisions made in their divorce
- Collaborative divorces offer a solution that is between mediation and litigation
- The collaborative divorce process is less stressful for the family, including the couple’s children
A collaborative divorce may not work in all situations. The spouses must be willing to compromise on some issues. They need to realize that they might not get everything they want, but they can reach an agreement that is better than what a judge may order in court.
What Is the Collaborative Divorce Process in California?
The collaborative divorce process is a form of alternative dispute resolution (ADR). When couples pursue a collaborative divorce, they agree to use the ADR process instead of going to trial.
If you want to use the collaborative divorce process, the steps you can expect include:
Choosing a Collaborative Divorce Attorney
Divorce attorneys must represent both spouses during the collaborative divorce process. Therefore, you must choose a Beverly Hills collaborative divorce lawyer to represent you. Your attorney helps you negotiate the terms of the divorce. They may hire one or more experts to help you fight for specific goals, such as child custody specialists, accountants, financial planners, and psychologists.
Your attorney is an essential element of the collaborative divorce. You’ll want to choose an attorney with extensive experience in family law and the collaborative divorce process.
Commit to a Binding Agreement To Seek a Collaborative Divorce
Both spouses and their respective lawyers must sign a legally binding contract committing to using the collaborative divorce process. The agreement states that all parties agree not to take the case to court. The parties affirm they will be transparent, honest, and forthcoming during the collaborative divorce process to facilitate an agreement.
Individual Meetings With Your Beverly Hills Divorce Lawyer
You meet with your attorney to discuss your goals and expectations for a divorce settlement. Your attorney discusses the strategy they intend to use. Your lawyer also helps you prioritize the issues that are most important to you.
The collaborative divorce process involves some compromise. Therefore, it is beneficial if you create a list of priorities to identify items that you do not want to compromise and issues that you could offer a compromise to get other terms that you desire.
Joint Meetings With All Parties
Both spouses and their lawyers meet to discuss the terms of the divorce. The attorneys present legal arguments to achieve the terms their clients desire. They also present evidence to support their position. The parties may also bring in specialists and experts to help facilitate discussions to achieve mutually agreeable divorce terms.
There could be several joint meetings in the collaborative divorce process. The parties may agree to table the discussions so they can meet with their attorneys individually to discuss the various options for settlement.
Negotiation and Settlement
The parties resolve divorce-related issues through back-and-forth negotiations, including child custody, alimony, property division, and child support. When the parties reach an agreement, the attorneys draft a divorce settlement document. You and your spouse review the agreement and sign it if all terms are resolved. The agreement is binding when you sign it.
The agreement is filed with the court to be included in the final divorce decree. It is important to remember that the court can change child custody terms if the judge determines the agreement is not in the child’s best interest. However, that is unlikely because attorneys understand these issues and can address any potential problems long before the collaborative divorce agreement is signed.
Taking the Divorce Case to Court
Litigation might be necessary if the spouses cannot agree to all terms of the divorce using the collaborative divorce process. However, the attorneys must withdraw from your case because they cannot represent you in court. You will need to locate a new Beverly Hills divorce lawyer, which can be stressful, time-consuming, and costly.
It is crucial that both spouses commit to the collaborative divorce process and be willing to compromise to achieve a collaborative divorce agreement. The process can work if the spouses are flexible.
Going through the process only to fire your attorneys, hire new attorneys, and go to court is less than desirable. It is better to do everything you can to make the collaborative divorce process work once you have committed to using it.
Schedule a Free Consultation With Our Beverly Hills Collaborative Divorce Lawyers
With more than 45 years of combined experience in family law, our Beverly Hills divorce lawyers are equipped to handle even the most complex divorce cases. Contact Berenji & Associates Divorce Lawyers to schedule a consultation with an experienced Beverly Hills collaborative divorce attorney.