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Sometimes life happens, mistakes are made, trust is broken, and for any number of reasons we find ourselves choosing a divorce. It is at this point in time that we should carefully evaluate choices, plan and choose wisely.
While divorce may be inevitable, the way you divorce isn’t. The process you choose is the second most important decision that you will make as you begin to transition your family from what it was to what it will be.
It has been said that roughly 50% or more of all marriages end in divorce. Non-marital relationships fail at similar rates as well. But the emotional devastation that often occurs with the breakup of a relationship doesn’t have to be. That is where Collaborative Practice lives.
Divorce is a problem to be solved, and not a battle to be won. Don’t be seduced by the hourly rates that divorce professionals charge. They mean nothing! The process decisions that have to be made, and the return on your investment in divorce professionals is a better place to be focused on. Don’t be fooled!
Collaborative Divorce is the family centered process for families in transition. If there is such a thing as a “Christian Divorce”, it might just look like this.
How is a divorce like a journey through rough waters? Imagine that you and your spouse are about to undertake such a journey and are faced with deciding between two methods of travel.
A collaborative divorce is an extended negotiation between the two spouses, with the aid and counsel of their respective attorneys, and, as needed, other professionals such as a financial planner, a child advocate, and a mental health professional acting as coach for each spouse.
Problems confronting a litigated divorce are made worse in Southern California because of congestion of the family courts with the large number of divorce cases.
In both mediation and collaborative divorce, the parties maintain control and make all the decisions, instead of relying on a judge or court commissioner to do so. Issues are resolved much sooner, at a far lower cost, and with much less stress.
In a summary dissolution, a hearing with the judge is typically not needed. A marriage of five years or less may be ended by summary dissolution, which is a simplified procedure to terminate a marriage in the state of California. With a summary dissolution, a joint petition is filed when 1) either spouse meets the standard residency requirement, 2) the marriage is irretrievably broken down due to irreconcilable differences, 3) the marriage is childless, 4) the wife is not pregnant, 5) neither spouse owns real estate, 6) there are no unpaid debts greater than $4,000, 7) the total value of community property is less than $25,000, 8) neither spouse has separate property (excluding cars and loans) of greater than $25,000, 9) the spouses have reached an agreement regarding the division and distributions of assets and liabilities, 10) both waive their rights to maintenance and appeal; 11) both have read a brochure about summary dissolution and 12) both desire to end the marriage.
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