VENTURA DIVORCE MEDIATION AND COLLABORATIVE DIVORCE
The Ventura collaborative attorneys at Morgan Law Firm assist clients with resolving the contested aspects of their divorce. Whether through Ventura divorce mediation, collaborative law, or negotiated settlements, our lawyers provide effective legal help for clients who want to resolve issues out of court.
Contested and uncontested divorce
In an uncontested divorce, the couple agrees on all issues—child custody, visitation, child support, property, division, and spousal support. Whether these issues are initially contested and the couple is able to resolve them outside of court or they never are points of contention in the first place, such divorces are considered uncontested. The spouses’ attorneys draft a Marital Settlement Agreement or Stipulation for Judgment, which the couple signs and submits to the court.
A case is said to be contested when a couple is unable to resolve one or more issues through divorce mediation, collaborative law, or a negotiated settlement. Contested cases are heard in California Family Court by a judge. California is a no-fault divorce state and grounds for divorce are based either on grounds of irreconcilable differences or incurable insanity.
Better outcomes using collaborative attorneys in Ventura
Collaborative divorce is a relatively new alternative to litigated divorce. It is a non-adversarial process that uses a team approach to help couples reach agreements about contested issues. During informal sessions, each spouse’s lawyer assists with negotiations and—as appropriate—other professionals such as financial consultants, tax advisors, or marriage counselors may offer constructive solutions to solve problems.
The advantages of collaborative divorce include:
- Less expense
- More timely resolution
- Less stressful for children
Divorce mediation is another type of alternative dispute resolution where a neutral third party, called a mediator, helps spouses negotiate the terms of their divorce. A mediator facilitates discussion but may not advise. While the method is not the same as collaborative divorce, couples enjoy similar advantages.
Divorce mediation and collaborative law allow couples to tailor solutions and avoid leaving decisions in the hands of a judge, who may not consider tax ramifications and other repercussions that are specific to their situations.