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The Seven Options for Divorce: Number Three

The third option for divorce is a Collaborative Divorce.  It’s like mediation on steroids.

Collaborative Divorce is similar to mediation in that it’s protected by the evidence code.  Everything is confidential, privileged, private, and can’t be used in court against you.  What makes it different is that it creates a team of people who will help you get through what can be a very painful process, as painlessly as possible.  Collaborative Divorce calms the waters.  It allows you to take stock in yourself before you get into the process.

In a Collaborative Divorce you are surrounded by a team of experts, appraisers, mental health professionals, actuaries, real estate people, people you need to access so that you can reorganize your life, maximize your tax position, divide your assets peacefully, and become successful co-parents.

When you go to court, you get distributive bargaining.  Judges are limited by the rules, by the statutes, by the code sections.  The judge makes the best decisions in accordance with the law.  When you have a Collaborative Divorce, you make the best decisions for your family.

Option 1:  The Kitchen Table
Option 2:  Mediation
Option 3:  Collaborative Divorce
Option 4:  Arbitration
Option 5:  Negotiation in the Shadow of Litigation
Option 6:  Rent-A-Judge
Option 7: Litigation

The Seven Options for Divorce: Number Two

Number two on the list of divorce options is Mediation. You’ve probably heard of mediation. It’s when the couple sits down with a neutral mediator who helps them negotiate the terms of their divorce. The mediator is not an advocate, cannot give legal advice, and ought to advise you to seek independent advice from a lawyer so that you can be sure you know exactly what you’re agreeing to.

The great thing about a mediator is that they can present options, alternatives, and different scenarios.  There’s creativity in mediation.  A mediator will invite you to decide how your divorce is handled and then will help you draw up a deal called a Memorandum of Understanding. Once you have your Memorandum of Understanding, you can take it to an attorney if you want to, or you can have it filed with the Superior Court. If the mediator you hire happens to be a lawyer, you can have your mediator draw up the agreement and file it in court for you.

Interesting Fact: In Los Angeles, the court actually favors consensual dispute resolution. If you come in with a mediation or a collaboration, you go to the top of the list with regard to processing and entering judgments, whereas litigious cases are going to wait six to twelve weeks for the clerks to get to them, because they’re so backed up and under staffed.

Option 1:  The Kitchen Table
Option 2:  Mediation
Option 3:  Collaborative Divorce
Option 4:  Arbitration
Option 5:  Negotiation in the Shadow of Litigation
Option 6:  Rent-A-Judge
Option 7: Litigation

What is Fiduciary Duty and Mandatory Disclosure?

In this ninety second video attorney Ronald Supancic uses plain English to explain Fiduciary Duty and Mandatory Disclosure.

TLC, bringing peace to the legal process.

The Seven Options for Divorce: Number 1

The Kitchen Table

Most people don’t know this, but there are several different options if you’re thinking about getting a divorce.  The first option is called The Kitchen Table Divorce.

In a Kitchen Table Divorce, the couple sits down at the kitchen table with a pad of paper and a pen and they create a plan.  They say, “Here’s what we’re going to do about the kids, here’s how we’re going to pay the bills, here’s what we’re going to do with the property, and we’ll split the cost of whatever it costs to hire someone to put this all in writing.”

With this kind of divorce a couple doesn’t need to hire attorneys and they certainly won’t ever see the inside of a courtroom.  California has a new professional: the Licensed Document Assistant or LDA.  LDA’s are not paralegals, they’re not lawyers, they don’t give you advice.  But if you’re going to have a Kitchen Table Divorce you can hire an LDA, tell them what you want and they’ll fill out the forms for you.  It’s the fastest, cheapest, most efficient way to get a divorce.

Option 1:  The Kitchen Table
Option 2:  Mediation
Option 3:  Collaborative Divorce
Option 4:  Arbitration
Option 5:  Negotiation in the Shadow of Litigation
Option 6:  Rent-A-Judge
Option 7: Litigation