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.
by Bartholomew & Wasznicky on February 17, 2012
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.
