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.