Collaborative Divorce Attorney in Roseville
Assisting Couples in Nevada County, Placer, & Sacramento County
Collaborative divorce is a process by which you can obtain a divorce from your spouse without going to court. By its very nature, the court process tends to pit divorcing spouses against one another. Litigation can exacerbate the anger, mistrust, and stress that spouses may already feel as a result of separating.
Benefits of Collaborative Divorce in California
Collaborative divorce, helps spouses to end their marriage cooperatively, respectfully, and with as little stress as possible. If you choose to end your marriage via the collaborative divorce method, a team of individuals will assist you in reaching decisions and compromises that benefit you, your spouse, and your children.
Requirements for Collaborative Divorce in California
Collaborative divorce takes a team approach to divorce. Both parties will be represented by their own attorney who has been trained in the collaborative process. Your attorney will inform you of your legal rights and responsibilities and will draft legally binding agreements to conclude your marriage. We use a joint financial expert who will assist you in determining the best way of dividing your assets and debts and can advise you as to any potential tax consequences resulting from the division.
Each party has a therapist, who we refer to as a “coach.” The coach is there to provide emotional support through the process. When there are children, we use a third, neutral therapist who works you, your spouse, and your child(ren) to assist your family in coming up with a parenting plan that works for everyone and is in the child(ren)’s best interests. A coach will help you and your spouse work through any difficulties you may have in communicating or cooperating with one another.
With the assistance of these professionals, you and your spouse will feel empowered and capable of making the decisions necessary to end your marriage and move on with your lives, without having to rely on a judge to make the decisions for you.
The collaborative divorce process allows spouses to work as a team to move forward in a positive manner for the benefit of both spouses and the children. The collaborative process can also be used to terminate a domestic partnership.
How Our Experienced Divorce Lawyer Can Help
Here at The Law Offices of James-Phillip V.M. Anderson, we encourage divorcing spouses or domestic partners to consider using the collaborative process. Attorney Anderson is highly trained in the collaborative divorce process. He can assist you in finding other professionals to be involved in your collaborative divorce team.
Call our office at (916) 282-7737 or contact us online to set up a consultation.
Do I need a lawyer to get a divorce?A:
Strictly speaking, the answer is no. The state of California allows people to represent themselves. But—and yes, we understand we’re biased—a lot is missed out on when a reliable and experienced attorney isn’t present. Essential issues in the property settlement might be getting overlooked. Agreements on child support or spousal support might be less than what a spouse or parent deserves. And, even in the simplest of divorce cases, a lawyer can still provide efficient services in filing documents and responding to motions, allowing their client to focus on the next era of their life.
Who gets the house in a divorce?A:
The house will be subject to California’s community property laws, which require a 50/50 split of all marital property between spouses. Whether the family home ends up with a spouse or is sold depends on how the parties negotiate the settlement. No uniform rule exists on how any particular marital property should be distributed.
How is child custody decided?A:
Child custody decisions are made exclusively based on what the courts deem is the child's best interest. This will depend on a range of factors unique to each couple, so there is no one-size-fits-all answer. But as an example, if it's already been agreed that one spouse will get the family home, a court might deem it in the child's best interest to live with that parent simply for the stability of staying in the same house.