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Collaborative Practice Group of Pasadena
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1. What happens if agreement is not reached?

If the parties cannot reach an agreement, the collaborative team may suggest bringing in a mediator or other professionals to help facilitate an agreement. If agreement cannot be reached, one or both parties may choose to discontinue the collaborative process. At that point, both attorneys are obligated to withdraw from the case. This gives both spouses incentive to settle, to avoid having to start over in the court system, with its attendant time and cost.


2. How does the practice of Collaborative Divorce affect attorney's fees?

Although every case is different depending on such variables as the complexity of the issues involved and the time it takes the parties to come to a meeting of the minds, in general the collaborative process should be significantly less expensive than litigation. At the very least the collaborative process can avoid such time-consuming litigation proceedings as depositions, examinations of multiple expert witnesses, and the time consumed in Court hearings. Additionally, collaborative divorce allows more resources and containment for the many complications of divorce; financial, emotional and legal, and is therefore more likely to succeed in helping the family come to workable and lasting agreements. The fact that the clients are so invested in working out agreements means that they are more likely to persevere in making them work.


3. Do the parties ever have to go to court?


The goal of the Collaborative process is to resolve all the issues through negotiation and settlement. Assuming that an overall agreement is worked out through the Collaborative process, a stipulated Judgment will be prepared, submitted to the Court and signed by the Judge without either party ever having to appear in Court. In fact, as stated elsewhere, the Collaborative attorneys are committed from the outset to represent the parties only so long as the issues are kept out of Court.


4. How does Collaborative Divorce focus on the future?

Divorce is both an ending and a beginning. Collaborative Divorce helps each of the partners anticipate his or her needs in moving forward, and includes these in the discussions. When children are involved, Collaborative Divorce makes their future a number one priority; and the development of a good, working co-parenting relationship is a major goal. As a more respectful, dignified process, Collaborative Divorce helps families make a smoother transition to the next stage of their lives.