Let A San Francisco Collaborative Divorce Lawyer Resolve Your Case Out Of Court

Collaborative divorce – also called collaborative law or collaborative practice – gives couples the means of working together in a cooperative, nonadversarial process to reach the best result for themselves and their children. At Katherine Shlaudeman Law and Mediation Practice, I guide clients through the collaborative process so that they can reach lasting agreements civilly and respectfully. I am ready to help you through your divorce in a way that may save you time, money and the emotional toll of going to court.

I bring over 15 years of family law experience to each case and client, including extensive experience and training in collaborative law. While I can represent clients in litigation when necessary, I am a strong believer in alternative dispute resolution (ADR) methods that promote cooperation and reduce stress for all involved. If you believe collaborative law may work for your divorce, I am committed to helping you find an amicable solution.

Divorce Can Be A Peaceful Negotiation

In collaborative divorce, each spouse hires an attorney, and all four work together toward a resolution that serves both of their interests as well as those of their children. All of the issues dealt with during a traditional divorce are addressed, including the following:

• Child custody and visitation
• Child support
• Asset distribution
• Division of marital debt
• Sale or possession of the marital home
• Temporary and post-divorce spousal support

Rather than submitting disputes to a judge for a decision, the couple and their attorneys work privately in a manner that gives the couple the power to determine their own future. The final proposal will only be submitted to a judge for approval. I and other collaborative law attorneys understand how to structure divorce agreements to minimize the potential for objections by the court.

There Are Numerous Potential Benefits With Collaborative Divorce

The advantages of collaborative divorce are many:

• Additional privacy: Since the agreement is worked out in private rather than in court, much less personal information goes into the public record. This is especially beneficial for high net-worth clients and public figures who place a premium on discretion.
• Time savings: Couples may reach resolution more quickly in a collaborative process than in litigation, which often requires multiple court appearances and formal discovery.
• Cost savings: A divorce obtained in a collaborative process may be less expensive than one obtained through litigation.
• Less emotional turmoil: Litigation often escalates conflict and may have an emotional toll on the parties. In a collaborative process, a couple is provided with a constructive way of working together that may even allow them to maintain a cordial relationship after the divorce.

ADR methods like collaborative divorce and divorce mediation can be particularly advantageous for divorcing couples who have minor children together. You will need to transition from being spouses to being co-parents – a role that you will assume until your children reach adulthood. It is far more difficult to build an effective co-parenting relationship following a highly combative divorce. By promoting open communication and mutually beneficial agreements, however, collaborative divorce and mediation can foster a healthier co-parenting partnership.

Is Collaborative Divorce Right For You?

For a collaborative divorce to succeed, an atmosphere of trust must be created. It requires voluntary cooperation from both parties. Instead of each spouse trying to “win” the divorce, they must have a shared goal of reaching fair and mutually beneficial resolutions. Spouses must also be transparent and honest in their financial, and other disclosures.

Collaborative divorce and other litigation alternatives are typically not possible for couples with a history of domestic violence or emotional abuse. The power imbalance and threatening nature of one or both spouses make it nearly impossible to negotiate freely and equitably. Even if there is no history of one partner abusing another, couples in high-conflict marriages are generally not good candidates for alternative dispute resolution methods.

If the collaborative process doesn’t work for you, you can transition to another resolution process. You and your spouse would hire new attorneys, and the discussions you had in the collaborative meetings would remain confidential.

Frequently Asked Questions About Collaborative Divorce

Do you want to learn more about how a collaborative divorce can help you? Here are some questions I can help answer:

How long does the collaborative divorce process typically take?

In California, there is a mandatory six-month waiting period for all divorces. However, the collaborative divorce process can take up to anywhere between a few months and over a year to settle, despite this waiting period. The time it takes often depends on the complexity of the divorce and whether all marital issues can be agreed upon, such as child custody arrangements and asset division. If couples cannot readily agree on divorce matters or there is a large marital estate, couples may need to expect a longer collaborative divorce process.

Is collaborative divorce less expensive than traditional divorce?

Typically, collaborative divorces are less expensive than traditional divorces. By going through a collaborative divorce, it is possible to avoid going through expensive and time-consuming court appearances, which include the discovery process and possible legal battles. Furthermore, there are often fewer attorney fees when couples go through the collaborative divorce process.

Will my children be involved in the collaborative process?

Discussing what would happen to your children may be a vital conversation for parents to have during the collaborative divorce process. Parents may need to discuss what is in their best interests for their children, including who should have custody of their children, how often each parent will see their children and whether either parent receives child support. Prioritizing children during the collaborative divorce process can help parents transition into the next stage in their lives.

Are there any situations where collaborative divorce may not be the best option?

Collaborative divorce is, typically, not for couples who cannot agree on important divorce matters without leading to high levels of conflict. Couples may also need to consider alternative divorce methods if a spouse has a history of manipulation or abuse. An attorney can help couples explore their divorce options.

Contact Me Today To Discuss Your Options

If you believe the collaborative divorce process could work for you, call Katherine Shlaudeman Law and Mediation Practice at 415-413-4488 or contact me online to schedule a consultation. I’ll give you all the information you need to move forward to a more hopeful future. My firm serves clients in San Francisco and the surrounding counties of San Mateo, Santa Clara and Alameda. Services are provided virtually, saving you time and travel.