Irvine Collaborative Divorce Attorney

Collaborative divorce is an alternative to the more-traditional divorce methods that can be extremely effective for spouses who are willing to work together to bring their marriage to an end. Pursuing a collaborative divorce won’t be appropriate (or necessary) in all cases; but, if you have complicated issues that you need to resolve, or if significant assets and income are at stake in your divorce, then working with an Irvine collaborative divorce lawyer may be a good option for you.

What is a Collaborative Divorce?

Collaborative divorce is a non-adversarial method for spouses to come to terms once they have decided that they are ready for their marriage to be over. During a collaborative divorce, each spouse is represented by his or her own Irvine collaborative divorce attorney, and the spouses and their respective attorneys work together to reach an amicable resolution. The spouses can also agree to engage experts as necessary to help them resolve complex issues that they cannot resolve on their own. For example, the spouses may agree to hire a financial expert to calculate the value of a business or the future value of a 401(k), or they may agree to hire a social worker or child psychologist to help them make custody decisions with their children’s best interests in mind.

Similar to the spouses’ attorneys, these experts serve in an advisory capacity only. Their role is not to propose solutions or make decisions on the spouses’ behalf. Instead, the goal is to provide both spouses with the insights they need in order to make informed decisions.

If a collaborative divorce is successful, it will result in the spouses signing a settlement agreement that resolves all aspects of their divorce. If for any reason, the process is not successful (which is relatively rare), then each spouse will be required to engage new divorce litigation counsel in order to take the remaining issues to court.

When Should Spouses Consider a Collaborative Divorce?

Pursuing a collaborative divorce can make sense in a variety of different circumstances. Generally speaking, the process tends to be most effective when the spouses are willing to work together in good faith but need help to ensure that they are making informed decisions. For example, collaborative divorce can be a good option if:  

• One or both spouses own retirement accounts, collectibles or other assets that require valuation
• One or both spouses own a privately-held business, or the spouses jointly own a business
• The spouses have a sizeable estate that includes numerous high-value assets
• Both spouses work full-time and they need to craft a custody arrangement that adequately serves their children’s best interests
• The spouses have a child with special needs

This list is not exhaustive, but it is intended to illustrate the types of issues that can be resolved through the collaborative process. If you have questions, we encourage you to schedule a confidential consultation with our Irvine collaborative divorce lawyer today.

Request a Confidential Consultation With an Irvine Collaborative Divorce Attorney

If you would like to speak with an attorney about the possibility of pursuing a collaborative divorce, please contact us to arrange a confidential consultation at Seastrom Tuttle Murphy Dockstader. Call 949-474-0800 to speak with a representative, or send us your contact information and we will be in touch shortly.

Common Questions About Out-of-Court Divorce Options in Orange County

What are the alternatives to litigating a divorce in California?

There are four common routes, and they can be combined. Attorney-negotiated settlement, where each spouse has counsel and the terms are worked out between them. Mediation, where a neutral works with both spouses toward an agreement, with or without counsel present. The collaborative process, where both spouses and their attorneys sign an agreement to resolve the case without litigation and often bring in neutral financial and child specialists. And private judging or arbitration, where the parties hire a decision-maker to resolve specific contested issues outside the public courtroom. Every route still ends in a judgment entered by the court.

How is mediation different from the collaborative process?

In mediation, one neutral works with both spouses and does not represent either of them, and the parties may or may not have their own attorneys involved. In the collaborative process, each spouse has their own attorney, both attorneys are retained specifically for settlement, and the participation agreement typically provides that if the case goes to litigation those attorneys withdraw. That withdrawal provision is the defining feature: it creates a strong incentive to settle, and it also means a failed collaborative case starts over with new counsel.

Do these options work when there is a business or complex assets involved?

Yes, and privacy is usually the reason to prefer them. What complexity requires is that the financial work still be done properly, a real valuation, real income analysis, complete disclosure, rather than a compromise reached before the numbers are known. The routes differ in how they handle that: mediation and the collaborative process often use a single jointly retained forensic accountant, which reduces cost, while a negotiated or privately adjudicated case may use each side’s own expert. What defeats an out-of-court process is not complexity; it is proceeding on estimates.

What happens if an out-of-court process does not produce an agreement?

The case returns to the ordinary litigation track, and how much is lost depends on the route chosen. Work already done on disclosure and valuation generally carries over, which is why doing that work properly has value regardless of the outcome. In a collaborative case, the participation agreement usually requires both attorneys to withdraw, so new counsel must be retained. Mediation communications are generally confidential and inadmissible, which protects candid discussion but also means positions taken there cannot be used later. Selecting the process at the outset with that downside in view is part of the decision.

About the Firm

Seastrom Tuttle Murphy Dockstader is a family law firm in Irvine representing clients throughout Orange County, and in Los Angeles County. The firm practices family law exclusively. Its attorneys include Fellows of the American Academy of Matrimonial Lawyers and of the International Academy of Family Lawyers, and attorneys certified as specialists in family law by the State Bar of California Board of Legal Specialization. Call 949.474.0800 to discuss which divorce process fits your circumstances.