Collaborative Divorce Attorneys in Los Angeles, Easing the Strain of Divorce
No one gets married with the thought of one day filing divorce papers on their mind. Unfortunately, this is a reality for many couples. When this happens, former partners often end up at trial arguing over things like property division, spousal support, child custody, and other important decisions that the court will make. Unfortunately, this takes control away from divorcing couples and creates an adversarial situation. If you want to avoid this, you may benefit from a collaborative divorce lawyer in Los Angeles.
At Kim Mediation and Law Center, we offer an alternative to traditional divorce cases. Rather than spending unreasonable amounts of time and money arguing in court, you and your soon-to-be-former spouse can take a more cooperative approach. Mediation is certainly one option, but many people prefer to establish an attorney-client relationship to ensure their best interests are served during the divorce process. Collaborative divorce attorney Lynette Kim offers free case evaluations, so you have nothing to lose by speaking with a legal professional.
What Is Collaborative Divorce?
Collaborative divorce combines the best aspects of litigation and mediation into one. Like a mediation, the focus will be on taking a cooperative approach rather than fighting in court. However, you and your former partner will retain your own attorneys to represent you. Each lawyer has specialized training in the collaborative divorce process. These legal professionals will represent each of your best interests, but they’ll do so in a spirit of cooperation. In fact, both parties will be required to sign an agreement committing themselves to the collaborative approach.
Of course, signing such an agreement does not take away your right to litigation. If the collaborative law process doesn’t seem to be working for you, you’re entitled to file your divorce case in court. With the combined legal experience of each of your attorneys, though, the hope is that an agreement can be worked out that is acceptable to the courts and works to your mutual benefit. To this end, collaborative divorce attorneys often aren’t the only professionals involved. During this process, you may also work with:
Mental health professionals
While these professionals won’t always be involved, they’re sometimes helpful for maintaining a cooperative environment. They can help explain complex issues in easy-to-understand ways, and they can help you better understand your situation as a whole. The important thing to remember is that your collaborative divorce attorney is yours alone. They represent your best interests. They’ll offer specific recommendations to you, inform you of your legal rights, and ensure you understand the implications of every decision.
While you’ll have dedicated legal represenation, the entire process will take place outside of a courtroom. Los Angeles collaborative divorce attorney Lynette Kim has over 20 years of experience in family law, and she understands the many benefits of a non-combative divorce. Contact Kim Mediation and Law Center for a free consultation and learn how we can help today.
Do I Need a Collaborative Divorce Lawyer?
If you’re researching collaborative divorce attorneys, you may be impressed with the potential of a cooperative separation. In fact, you may even ask yourself, “Can collaborative divorce work without attorneys?” After all, if you can agree with your former partner on important issues in front of lawyers, it only makes sense that you could do so one-on-one with your spouse. Right? Unfortunately, even those with the best intentions can find themselves facing major hurdles when attempting to handle a divorce case on their own.
For instance, do you know how long spousal benefits are supposed to be paid — or even who is supposed to pay them? Did you know the length of your marriage could have an effect on this? What if you come to a child support agreement with your former partner, but when you get to court, the judge refuses to approve it because they think it’s not in the best interests of your child? The simple fact is that collaborative divorce lawyers are involved in the process for a reason. Not only do they have the experience you need, but they can ensure you understand the law while representing your best interests.
America has a complex legal system, but it doesn’t require anyone to have legal representation for any reason. However, the fact remains that individuals with an attorney fare better on average than their non-represented counterparts. Taking an amicable approach to divorce is a great thing, but you should start by seeking advice regarding collaborative law from an experienced attorney. With a no-obligation consultation at Kim Mediation and Legal Center, you can do just that.
What Are the Benefits of the Collaborative Process?
The collaborative divorce process sounds appealing to many people simply because it’s uncombative. Your and your spouse’s attorney can represent each of your interests while avoiding an adversarial atmosphere. This is better for your mental health and the emotional well-being of any children you may have. However, this is far from the only benefit of Los Angeles collaborative law sessions. Consider some of the most common reasons people opt for this process:
Saving time and money: There’s no way to sugarcoat the fact that litigation is costly and time-consuming. It can drag on for years if you’re not careful, and if you’re represented by a family attorney with the extensive experience you need, costs can add up quickly.
Access to specialists: Do you have a financial specialist ready to testify in court? It turns out that most people don’t have access to any specialists. During the joint meetings of a collaborative divorce, you can get advice from any professional deemed relevant to your case.
Expert legal advice: There are many reasons having legal representation during a mediation is not recommended. This isn’t the case during a collaborative divorce. The process allows you to avoid costly litigation while still being advised by an expert in appropriate practice areas.
You’re in control: No matter what happens during your divorce — whether you can agree on everything or it’s impossible to resolve a single issue — you are in control. No one has to agree to anything they don’t like, and collaborative divorce attorneys will ensure your voice is heard.
Significant flexibility: Using the collaborative process during divorce offers far more flexibility than traditional litigation. Each party has a say in the overall schedule, and you’re not stuck following the timeline or a courtroom.
It’s clear that the collaborative law process comes with a variety of advantages. If you just want to end your relationship without undue stress and vitriol, this is one of the best ways to go about it. However, is collaborative divorce right in every situation? Unfortunately, this simply isn’t the case.
When Is the Collaborative Divorce Process Not Appropriate?
As evidenced by the benefits listed above, the collaborative divorce process is superior to traditional litigation in many ways. Anyone who tells you that it’s the way to go in every situation, however, either doesn’t understand divorce or is trying to make a dollar. Any legal professional well-versed in family law can tell you that collaborative divorce is inappropriate in several situations. These situations include:
Relationships involving domestic violence: The collaborative law process cannot work if one spouse is having to change their phone number, take out restraining orders, or engage in other measures out of fear. Even worse, abuse victims often do not feel free to be honest around their abuser.
Someone is acting in bad faith: Collaborative divorce attorneys represent clients in situations where parties act in good faith. The process can’t work, though, if someone lies about their finances, attempts to stall, or engages in other bad faith behaviors.
Mental illness may interfere with the process: Addiction and other mental illnesses can hinder a cooperative approach to divorce. Speak to a collaborative divorce attorney in Los Angeles today to decide whether a spouse’s mental issues may interfere.
The collaborative divorce process has proven invaluable to many people. Unfortunately, it’s simply not right in every situation. Even the most experienced legal minds, child custody specialists, and collaborative divorce professionals can’t guarantee a cooperative process when one spouse either refuses or is incapable of taking part. However, you don’t have to guess whether you’re in one of these situations on your own. Call or contact the Kim Mediation and Law Center for a free collaborative law consultation today. You deserve to know your options.
Contact a Collaborative Divorce Lawyer in Los Angeles Today
Even when the decision to separate is mutual and there’s no anomosity on either side, divorce is never as simple as one might hope for. Fortunately, collaborative law offers an alternative to the combative situations far too many divorcing spouses find themselves in. A family law professional who is trained in the collaborative divorce process can help you reach a fair settlement with your best interests in mind — all while simplifying the legal process and removing the need for contentious court hearings.
Collaborative divorce works when both parties want it to, so there’s no reason you can’t settle things outside of court. Kim Mediation and Law Center is ready to help. You’ll speak with an attorney privately before the process ever begins, and if you’re not satisfied with any part of an agreement, our law firm will continue negotiations to help you get a fair settlement. Call or contact us today to schedule a free consultation with a collaborative divorce lawyer in Los Angeles.
The end of a marriage doesn’t have to be overly stressful or end with animosity, and we’re ready to help you achieve that goal.