COLLABORATIVE PRACTICE
Collaborative practice is a way for couples to resolve their family law matters out of court and in a respectful manner. The goal is to ensure that you never step foot in a courtroom and that you are supported from beginning to end by a team of trained collaborative professionals.
In the collaborative process, each party retains his/her own collaborative legal consultant as well as his/her own divorce coach who is a trained mental health professionals. In the collaborative process, we also retain an experienced financial professionals who acts as a neutral and is an integral part of the collaborative team. We can also enlist the assistance of a child specialist, forensic accountants, appraisers, business evaluators, and/or other professionals who work cooperatively to gather information and help you reach a complete agreement that reflects what is most important to you and your family. The parties and the collaborative professionals agree that they will not go to court to ask a judge to resolve their dispute. Instead, we will work as a team to negotiate a mutually acceptable agreement which will be submitted to the court when completed.
The collaborative process is suitable for divorce, legal separation, dissolving domestic partnerships, custody and other parenting matters, child and spousal support matters, division of property, Premarital Agreements, Cohabitation Agreements, Post Nuptial Agreements and other matters involving couples, families and/or children.
See our local website for more info: https://www.santacruzdivorcesolutions.com/
KEY BENEFITS
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Privacy. You never need to appear in a courtroom. The details of your private and often difficult emotional situation are not aired in a public courtroom. Financial and asset details remain confidential.
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Cost effective. Collaborative practice tends to cost far less than the traditional litigation (court) process.
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Individual legal, financial and emotional support. Unlike mediation, which is another excellent out-of-court option, in the collaborative process each party has his/her own legal consultant at every meeting. Additionally, other professionals are available to support you and your children. Most particularly, trained mental health professionals who can help you navigagte the emotional challenges of the process and assist in creating suitable parenting plans for your children.
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Children first. Pascha and her team of collaborative professionals will help in designing a parenting plan tailored to the needs and interests of your minor children. Depending on their age, your children’s perspective will also be listened to in the collaborative process. Children’s safety, security and well-being, post-divorce are of paramount concern in collaboration.
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Promotes creativity and cooperation. In the traditional litigation process, judges and lawyers are bound to follow only the mandates of California law. The collaborative process, however, allows you the flexibility and independence to design creative, informed agreements that go beyond the limitations of the law. Our goal is to find mutually acceptable solutions that benefit both spouses/partners and your children. You are in charge. You will have the option of being informed of all aspects of California law and the freedom to design whatever agreement will best serve your family.
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Honesty and integrity. The collaborative process is founded on principles of honesty and integrity. Both parties must be forthcoming and operate in good faith. Even if you don’t entirely trust your spouse or partner, every professional on the team will ensure an honest and fully informative process. Full disclosure of all assets and obligations is a necessary requirement in all collaborative cases and is required before an agreement is finalized.
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You are in control of the process. Rather than allowing the court system to dictate the pace and outcome of the process, you and your family are in charge.
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Full disclosure of facts and information. Both spouses are required to meet the minimum disclosure requirements of the State of California. In the collaborative process we can also mutually agree to go beyond the minimum disclosure requirements and obtain appraisals, accountings, tracings, and any other information or inquiries that either party need in order to make informed legal agreements.
“Pascha's real expertise far exceeds her evident depth of knowledge of the law. It is in her ability to set expectations, ask questions, clarify, and assist parties with disparate points of view to achieve satisfactory agreement..”