Collaborative divorce in California is a settlement-focused process where each spouse hires an attorney trained in collaborative law, and everyone signs an agreement to resolve the case without going to court. California recognizes collaborative law in Family Code section 2013.
The defining feature is the participation agreement. It commits both spouses and their attorneys to full disclosure, good faith negotiation and respectful communication. If the process fails and either spouse decides to litigate, both collaborative attorneys must withdraw. That gives everyone a strong incentive to settle.
The team often includes more than lawyers. A neutral financial specialist can gather and analyze income, assets and support numbers. A child specialist can bring the children’s perspective into the discussion. Divorce coaches, usually mental health professionals, help each spouse handle emotions and communicate clearly. The group meets in a series of sessions, working through issues one at a time.
Collaborative divorce differs from mediation. In mediation, a single neutral guides both spouses, and attorneys may consult from the outside. In a collaborative case, each spouse has an advocate in the room throughout.
It works best for couples who want privacy, are willing to share information openly and value an ongoing co-parenting relationship. It’s less suited to situations involving abuse or a spouse who won’t disclose finances.
Law & Mediation Offices of Dan DeSario & Associates, a Los Angeles family law and mediation firm since 1982, helps couples compare collaborative divorce, mediation and litigation, so they can choose a process that suits their family.
This article is general information about California family law and is not legal advice. Every case is different. Attorney advertising.