You are going through a divorce, and as expected, you and your spouse do not see eye-to-eye on a number of matters. One of the most complex and contentious is the matter of child custody. Both of you want custody of your children, or at the very least, you want an equal say in decision-making matters and the time that you have with your children. However, you may be hesitant to take your disagreement to court. Like many California parents getting a divorce, you want to avoid exposing your children to the conflict of a court battle, but you also want what is best for them.
Is there a way to make sure your children's best interests are considered while getting through your divorce as quickly and effectively as possible? Instead of litigation, you might consider an alternative, such as collaborative law.
How a collaborative divorce works
A collaborative divorce allows you and your spouse to work through disagreements without the court making decisions for you. After hiring your own attorneys, each person involved would sign a nonlitigation agreement. Your attorneys would have an obligation to resign from the case if you cannot reach an agreement without the court's assistance. You can also involve child therapists and other professionals to help you agree on your co-parenting terms.
Benefits of collaborative law
In addition to shielding your children from much of your divorce's conflict, a collaborative divorce could cost less than litigation and is known to often take significantly less time, if both spouses are able to treat each other civilly and be open to negotiation. Collaborative divorce is also private, as opposed to your court proceedings becoming a matter of public record.
Each divorce is different. Therefore, it is important to understand your options before deciding whether to proceed with litigation or an alternative.