If you and your spouse have decided to end your marriage, it is important that you choose an attorney who supports your decision to settle your divorce outside of the courtroom. Rosemary specializes in divorce litigation, collaborative options and divorce mediation and can help you reach an agreement with your spouse without the need for court intervention.
Choosing a Divorce Lawyer
It is common to think that there is only one path to divorce, the traditional adversarial litigation process. However, multiple roads to divorce exist and some are much faster, less expensive and more peaceful than others.
The two most common paths are Divorce Mediation and Collaborative Divorce. Both of these negotiation processes allow a couple to resolve their marital issues outside of the courtroom, and they both are designed to be less stressful and hostile than traditional divorce litigation.
A mediator acts as a neutral facilitator, helping the parties focus on their future and make their own decisions regarding their issues. Unlike the attorneys in traditional divorce cases, a mediator does not take sides or decide who was right or wrong in the past. A mediated settlement can be binding if both parties agree. Once the parties have completed their sessions with a mediator, they will receive a Stipulation of Settlement that outlines the agreements made during the mediation. This is then filed with the court and will be incorporated into your divorce decree.
In a collaborative divorce, both parties hire their own lawyers to represent them and the couples also typically engage other professionals, such as financial professional(s), child specialists, therapist(s), and a divorce coach. This team works together in four to six group meetings that vary in length. The process is more expensive than divorce mediation, but it is less stressful and hostile than traditional divorce litigation.
Collaborative divorce can be especially effective if a client cannot use mediation due to a difficult, uncooperative or aggressive spouse. The coaching component of the collaborative process is helpful in managing the emotions of the case, keeping the parties focused on their future, and avoiding the tendency to revert to positional or ego-based thinking.
If you are interested in either divorce mediation or a collaborative divorce, we encourage you to contact us for a consultation. Our office serves clients throughout Sacramento and the surrounding metro areas and can assist you with a wide range of family law matters, including divorce, child custody, child support, property division, legal separation, judgment modification and more. Call us today to schedule an appointment. Hal D. Bartholomew, our lead attorney, has more than 38 years of experience resolving conflict and disputes in family law cases. He will review your case to determine which path to divorce is the most appropriate for your situation and goals. He can also provide you with advice and representation during divorce proceedings, trial or appellate court appeals. He can represent you on a full-scope basis or, as necessary, will work with other attorneys on your behalf to ensure that all aspects of your case are covered.
