Creative California Divorce Agreements

by Bartholomew & Wasznicky on February 21, 2012

The Most Creative Agreements Happen Outside of Court 

Courts must follow the narrow limits set by the laws of California when making decisions regarding property division, child support and spousal support. Judges are not allowed to make orders outside of the limits of the law but parties who make agreements on their own can.  Parties working through the collaborative process can enter into creative agreements which a judge would never do.

For example, a mother who is a teacher might want a different parenting schedule in the summer and more spousal support only in the summer months when she is not teaching. While a court may not make an order which is that flexible, spouses in the collaborative process can make creative agreements. While at first the father may not want to pay any spousal support, they may agree that they want the children to be home in the summer rather than in day care and they may decide it is the best thing for their children.

Creativity is a great asset in the collaborative process. It is true that no two families have exactly the same circumstances and concerns and the collaborative process allows them to tailor their own agreement to their individual family’s needs.

Getting Legal Help

Experienced Sacramento Family Law Attorney Hal Bartholomew can help you get through your divorce with respect and compassion.  Contact Bartholomew & Wasznicky LLP today for knowledgeable and respectful representation. Call us at (916) 546-4393.

 

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Why does a Collaborative Attorney Terminate Representation if the Case Goes to Court?

Collaborative attorneys agree to cease representation if one party decides to terminate the process. This allows the attorneys to be open about their advice to both parties and to work toward a solution. Both parties and both attorneys can speak freely and openly and make offers of settlement without worrying that the offers might be used against them later in court. For example, if a husband makes an offer to pay spousal support in the amount of $2000.00 a month during the collaborative process, the wife cannot go to court and claim that he made the offer. If the parties end up in court, he may feel less generous than he did when he was working to come to a mutually satisfactory result and may claim he can only pay $500.00.

The confidentiality between the parties and the attorneys is a great asset of the collaborative process because people know they are all working to create a good settlement for everyone rather than every one for him/herself.  The parties also know that their attorneys are committed to helping them reach agreement and are not preparing for a trial.

The cornerstone of the process is the ability to make offers and negotiate in good faith and know that those offers cannot be turned against you.

Getting Legal Help

Experienced Sacramento Family Law Attorney Hal Bartholomew can help you get through your divorce with respect and compassion.  Contact Bartholomew & Wasznicky LLP today for knowledgeable and respectful representation. Call us at (916) 546-4393.

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What is Collaborative Law?

February 15, 2012

What is Collaborative Law?

Collaborative law may strike some as divorce for people who are weak or who are afraid to take a stand. Collaborative law actually gives parties more power because they come up with their own agreements rather than putting their fate in the hands of the court.

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Lawyer as Counselor

February 13, 2012

Lawyer as Counselor

Collaborative Practice in California is a fairly new option for couples who are going through a divorce. In the traditional California divorce, each lawyer is expected to be a strong advocate for his/her client. Of course every client wants a strong advocate. Each lawyer strongly advocates for his/her client and they get paid by the hour so the more the two sides argue, the more the lawyers get paid and the longer the divorce can take.

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Discovery and Depositions in California Divorce

February 7, 2012

Perhaps the most expensive and time-consuming part of any dissolution or divorce is discovery. Discovery is the process of collecting information which one spouse may have and the other may not. This information can be about finances, work experience, commissions, bonuses, child-care abilities and sometimes even about a person’s values.  Most spouses know the other spouse’s education and work experience but the attorneys ask each spouse to document their backgrounds so there is a record for the court.

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