Jun 25
The Right Family Law Attorney Can Prevent Divorce From Ruining Your Life
According to the National Center for Health Statistics, every 45 seconds in the United States a marital dissolution takes place. While divorce might be the right solution for you and your spouse, anything you can do to keep your family from being torn apart will have great benefits both during the divorce and once it’s complete. A family law attorney that offers ‘collaborative divorce’ services can help preserve family and personal relationships, save money and eliminate court appearances.

What is collaborative divorce? In traditional divorce cases, each party has an attorney, make court appearances and have a judge decide their future. Their attorneys are concerned with getting the most they can get for their respective clients; which does not necessarily result in something that’s fair for both parties and the children. Litigation by its nature creates conflict and hard feelings between the parties and other family members.

In collaborative divorce, both parties work together to resolve all the issues and ensure that everyone concerned is treated fairly. Here are some of the ways collaborative divorce can help.

1. Valuation of assets: Deciding on the value of an asset can be complicated. For example, value is generally determined from the time the couple separated even though divorce could be quite a ways down the road. During that time, the value of a property or business may have changed considerably. A collaborative divorce attorney will take these details into consideration; a divorce court may not.

2. Spousal support: The courts follow laws and guidelines regarding the rights of each party, but those rights might not reflect what both parties actually need or are capable of providing. Collaborative divorce works towards an equitable solution.

3. Child support: When assessed by the courts, child support is generally based on average statistics throughout the state – which may not reflect what is needed in your specific situation. Collaborative divorce takes the children’s needs and the family resources into account.

4. Parenting Plans: Children need both parents, and parents need to come to terms on how to best raise the kids. A litigation oriented divorce attorney tries to get the most he or she can for their client in terms of money and time; which sometimes means maligning the other parent, creating friction between them, or forcing one or the other to make drastic changes that will affect their lives. A collaborative divorce attorney helps work out what it will take for both parties to remain involved as parents in a way that does not cause undue stress for the children. In addition, the collaborative attorney can add child specialists to the collaborative group to help sort out parenting issues. A Specialist can help guide the parties without adding attorney time to the fees.

5, Costs: Using a collaborative family law attorney can cut the cost of divorce by as much as 50%. The family resources go to the family members, not to court costs and lawyers.

The most positive thing about using a collaborative family law attorney is that the process ensures dignity and respect. Both parties, including their attorneys, agree they will not take things to the courts, that they will be honest and sincere in their dealings with their spouse, and that they will work things out in a way that’s best for all.

As a result, both parties are able to go on with their separate lives while still collaborating and cooperating as needed to make sure their family is not added to the ‘torn apart’ statistics.



Free Initial Consultation with John Spurgeon, Attorney and CPA.

Families looking for family law representation and related financial understanding in a supportive environment would be wise to engage an experienced family law attorney and CPA. John H. Spurgeon is a practicing California family law attorney and CPA. He is a member of the Los Angeles Collaborative Family Law Association. For more information, please call John at 626-440-9518 for a complimentary initial consultation.

By: Don K

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Last Updated on Friday, 19 March 2010 00:00