In some instances, we’ve actually had pictures of the children with us while we’re talking about them and discussing what’s in their best interest. They’re not necessarily involved in the case itself – for instance, being interviewed or directly providing their input – but we do use a method of finding out what’s in their […]
Legal Issues
What has been your experience with people asking you to help make decisions for them during the collaborative divorce process?
It’s important that people have informed consent to make decisions; it’s important that there is transparency from each party when they’re going through a divorce. The client’s role is to be an open book, to have good faith intentions when they enter the collaborative process, and to make the final decisions with some guidance from […]
What are the lawyers’ roles in collaborative divorce?
Lawyers are basically the navigators in collaborative divorce; we try to help navigate people through the divorce process. The clients are in charge of the process, because they’re the ones who have to decide what they wish to do with guidance from the attorneys. To use an example of an airplane: the attorneys are the […]
How does somebody choose the right lawyer for his or her unique needs?
If you’re in Los Angeles County, then the Los Angeles Collaborative Family Law Association – which I was president of at one time and I’m still on the board – provides training to the community on practicing collaborative divorce. The Collaborative California Practice, called CPCal, and the International Academy of Collaborative Professionals also provide training. […]
Is the collaborative process also faster than traditional litigation?
In addition to being generally less expensive than litigation, is the collaborative process is also faster than traditional litigation?
What might influence a divorcing couple to choose collaborative divorce over other processes?
Many people think it will be cheaper. On average, the collaborative process is about one-third the cost of a litigated matter – at least, according to studies conducted by the International Academy of Collaborative Professionals. Cost is certainly an influencing factor for a divorcing couple; however, the other benefits are the individual attention you receive […]
Is it necessary to have two lawyers in a collaborative case or can a divorcing couple share one lawyer to save money?
It is really an axiom of collaborative divorce to have two lawyers working together on a case. By definition, it would not be a collaborative law case if only one lawyer were involved and the other party were representing himself or herself. The stipulation that is signed to allow the case to proceed collaboratively requires […]
Can all family law issues be resolved using the collaborative approach or are some better suited to it than others?
Some family law issues are better suited to collaborative law than others. For example, if there is domestic violence and a pattern of abuse, then the parties might not be good candidates for a dissolution through a collaborative approach; they might need the finality of a judge’s decision in order to protect their interests. Founding […]
Podcast: Redondo Beach Family Lawyer on Collaborative Divorce
Redondo Beach family lawyer Joe Spirito talks about how the collaborative divorce process can benefit divorcing couples in Southern California.
What is collaborative divorce and how is it different from mediation?
Collaborative law is a process for voluntary dispute resolution in which the parties – the husband and wife – each retain their own attorneys to help resolve their divorce amicably without court intervention. The two attorneys and the parties sign an agreement that they will not litigate while working within the collaborative process. In the […]
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