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CA Divorce Law and How Collaborative Law Helps

Understanding the role of collaborative law can provide you with significant advantages when you are considering or currently in the process of seeking a divorce in the state of California. For some couples, collaborative arrangements can provide significant cost savings and can reduce the stress associated with divorce litigation. Here are some key points to keep in mind when deciding whether collaborative divorce arrangements are right for you. Collaborative Arrangements Are Best for Amicable Divorces Collaborative divorce law depends on cooperation between the two parties. If you and your former partner are on relatively good terms, collaborative arrangements can allow you to work through all the details of your divorce without litigation and court appearances. These arrangements are not right for all couples, however. If domestic violence or child abuse allegations are factors in your divorce, presenting your case before a judge is usually the best way to resolve these issues fairly. Act in the Best Interests of the Children By working together, you and your former spouse can design innovative and creative solutions that work best for your children. This can reduce stress on members of your family and allow them to weather through this challenging time with the least amount of emotional disruption. Keeping things calm and friendly can sometimes protect your children against the most negative effects of the divorce process in California. Honesty Is the Best Policy Collaborative divorce proceedings work best when both parties agree to absolute honesty in their dealings with each other. If you and your former partner are able to share financial and personal details with each other during the collaborative law process, you can often streamline the divorce process and ensure the best possible outcomes for everyone involved. You Will Still Need Representation Even though you will not be going through the typical divorce process, you will still need a representative during these collaborative arrangements. Your legal representative will be with you at each stage of the process helping you analyze issues and work toward what is best for your family. This can prevent personal hostilities from standing in the way of an equitable solution. Collaboration Can Help Even After Divorce One of the most significant benefits of collaboration during divorce is the ability to make changes to the agreements without going before the court to request them. This can prove to be very beneficial in cases involving minor children or spousal support agreements. Rather than returning to the judge and requesting even the simplest adjustments to the court-ordered arrangements, you and your partner can iron out the changes with the help of your attorney and without engaging in costly litigation after your divorce has been finalized. Choosing to pursue a collaborative approach to your California divorce can help both you and your partner achieve your goals in the most practical and peaceable way possible. This can help your minor children deal with your separation and their new living arrangements more easily and can help you set the stage for cooperating on their behalf in the future. If interested in seeking collaborative divorce services in Fresno, California, contact Kezirian Law, P.C. today!

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Collaborative Divorce and Tips For Success

Finding an amicable way to manage your divorce proceedings can sometimes save you time and money during the divorce process. Working with your former partner to devise a mutually beneficial and equitable divorce arrangement can be the most practical and cost-effective solution for all parties. Children of the marriage can also benefit significantly from when there is a friendly relationship between their parents. Here are some essential elements of a successful collaborative divorce arrangement. Patience Being patient and willing to take the time to reach resolutions can help improve the relationship between you and your former partner because everyone works together to come to decisions. By investing your time and making a genuine effort to see things from your spouse’s perspective, you can come to fair agreements on financial matters and other issues related to the dissolution of your marriage. Hard Work Finding the best solutions for your divorce can be physically and emotionally draining. Working with a law firm that specializes in collaborative arrangements like the Law Office of Julia Ann Brungess can help you manage the process more efficiently and can ensure that both you and your partner are fairly represented during divorce proceedings. Honesty Being open and straightforward about your assets, debts and financial situation is necessary during collaborative divorce proceedings. Some attorneys will refuse to represent clients if they determine that they have not been entirely honest about their situations during discussions related to collaborative arrangements. By providing accurate information, you can be sure that the decisions made during your discussions will allow both you and your former partner to move on successfully. A Willingness to Cooperate Hurt feelings and anger can be significant barriers when trying to reach collaborative agreements regarding your divorce. If you cannot put aside these feelings to work together on the issues that must be resolved, you may not be a good candidate for a collaborative form of divorce. In most cases, however, it is possible to set aside your feelings and work together to create the most beneficial arrangement for you and your former spouse. A Collaborative Approach to Problem-Solving One of the most important elements in the collaborative process is the problem-solving stage. By working together to identify issues that could stand in the way of your future financial and emotional stability, you and your partner can often achieve a better perspective on these situations. This cooperative approach can also increase your chances of finding mutually beneficial resolutions for the problems that you face as a result of your upcoming divorce. By taking on these issues together, you can promote the most positive solutions for yourself and your former spouse throughout the collaborative process. Working with a law firm that specializes in divorce arrangements, like Kezirian Law, P.C., can be a positive first step towards an amicable and cooperative arrangement between you and your spouse. If you have children, having a cordial relationship with your former spouse can help relieve some of the stress and disruption that the divorce process may have on them. When parents get along, younger family members feel more secure and at ease throughout the divorce process and into the future.

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How to Remain Cooperative when Co-Parenting

Establishing and maintaining a collaborative approach to parenting is essential for divorced parents who share custody. Co-parenting can be a challenge, however. Finding ways to set boundaries and share responsibilities can provide a solid framework for raising your children together. Creating a workable co-parenting plan is a good first step toward achieving the healthiest environment for kids and adults alike. Here are some proven co-parenting tips for you and your former partner. Show Solidarity Making a point to discuss matters of importance together when talking with your children can prevent them from attempting to play the two of you against each other. This is especially important when setting ground rules for your children and instituting punishments for misbehavior. By making sure that both of you are on the same page regarding discipline and rules, you can provide a stable and secure environment for the children in your care.     Maintain Clear Lines of Communication Staying in close touch with your co-parenting partner can help you in a number of important ways. Open lines of communication can keep you in the loop about medical issues, educational progress and other events that affect the well-being of your children. By making sure that you and your former spouse or partner can talk easily to each other, you can provide better support for the children you two share.     Stay Positive About Your Former Partner No matter what issues contributed to the breakup of your relationship, making sure your children feel comfortable in talking with and confiding in both parents can help them adjust more quickly and easily to new living arrangements. By refraining from making negative comments and presenting a united front to the children for whom you are responsible, you can present a good example while helping them to feel more secure.     Stick to the Co-Parenting Plan If you have already decided on the educational, medical and religious experiences you want for your children, making changes to these established arrangements should not take place on a unilateral basis. Taking the time to discuss any changes with your former spouse and co-parent can help you build trust and create a positive environment for your children.   Allow for Some Flexibility Making accommodations for changing schedules and responsibilities can help you and your former partner work together more effectively over the long run. Unexpected opportunities and obstacles can occur at any time. Allowing for changes to the schedule and going out of your way to help your co-parent manage issues as they arise can often create a more amicable atmosphere that can result in them returning the favor when your needs require it. By treating your co-parent in the way you would like to be treated yourself, you can build a positive relationship based on mutual respect. While your romance may be over, you can still share the joy of parenthood with your former spouse. Together, you can continue to build a solid foundation for the children you created together.

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How the Collaborative Divorce Process Works

A collaborative divorce can offer real advantages for you and your former spouse, especially if you are still on relatively friendly terms. Understanding the necessary steps in a collaborative divorce can help you prepare for this process more efficiently. Here are some of the key steps involved in the collaborative divorce process. Hiring an Attorney Choosing an attorney who specializes in collaborative divorce in California is vital to the success of these arrangements. Your spouse will also need to hire his or her own attorney. This helps ensure that both parties are represented and heard from throughout the process. Retaining separate attorneys also allows you to share personal and confidential information with your own lawyer while maintaining privacy in the legal setting. Discussing Your Wishes and Expectations After you have selected an attorney, you will need to sit down for a meeting to discuss your needs and the goals you would like to achieve from the divorce process. If you are seeking custody rights, child support or spousal support, your lawyer will need to know your absolute must-haves and what may be negotiable. This can help you, and your attorney better prepare for future discussions involving your former spouse and his or her attorney. By outlining your hopes and expectations during a consultation with your lawyer, you can create an initial framework that will help you during the later phases of the collaborative process. Scheduling a Joint Meeting After you and your former spouse have had a chance to meet individually with your lawyers, it is time to set up a joint meeting to begin the collaboration process. If you are fortunate, you and your former partner may already have reached some points of agreement. In other cases, you each go through an information gathering process to then be better prepared to look at settlement options. Not to worry, though, your attorney will help you navigate through these legal issues while providing added support for the collaborative process. Signing an Agreement After the initial meeting with your spouse and your attorney, you will be asked to sign an agreement to resolve issues through collaboration and mediation rather than in the courtroom setting. By agreeing to negotiate together to find mutually acceptable solutions, you can demonstrate your commitment to this process and to reaching the best decisions affecting your family. This can help both of you feel more confident during and after your divorce has been finalized. Part of this arrangement also includes a requirement that all parties and attorneys sign a “no court” agreement, which states that if the case proceeds to litigation, all attorneys will withdraw from the case. Negotiating a Resolution The negotiation process is usually the most intensive and important part of the collaborative divorce process. During this stage, you may be asked to discuss disputed issues with a licensed mediator to find common ground with your former partner and to identify the best possible solutions for child custody, the division of debts and assets, and any child or spousal support you may be requesting. Depending on the situation, you may also require the services of accounting professionals or child welfare experts to provide you and your spouse with the guidance needed to reach the most positive outcomes. Filing the Paperwork When a collaborative divorce agreement is successful, and all the details of your divorce have been decided, your attorney will file the final papers with the court for their approval. If changes must be made to a collaborative divorce agreement, you can usually arrange for these adjustments through your attorney without having to go to court or involving a judge. This added degree of flexibility can help you and your former spouse deal with issues quickly and with greater convenience. If you live in the Fresno, California area and are looking to hire a collaborative divorce attorney, contact Kezirian Law, P.C. today!

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What You Should Know About Divorce Litigation

If you are considering divorce in the state of California, you may be wondering how the litigation process works and what steps you will have to complete to finalize your divorce. Working with an experienced family lawyer like Julia Ann Brungess or Teri Ann Kezirian, can help you to navigate this process more easily. Here are some of the most important steps you are likely to encounter during your divorce litigation proceedings. Filing for Divorce In most divorce cases, one party files for the dissolution of marriage with the court and the other party responds to this petition. The process may vary slightly depending on whether you are the petitioner or the respondent. The petition may be mailed to the respondent or delivered via personal service; responses can be made in the same way. Filing Temporary Custody and Support Requests Requests for court orders regarding child custody and financial support can be filed along with the divorce petition or in the weeks following. Your former spouse will then be given a chance to respond to these requests and make counter proposals regarding the primary custody of any minor children and the support to be provided for those children. Making Financial Disclosures You will usually be asked to provide a detailed statement of your income and assets at the time that you file for or respond to requests for custody and child or spousal support. Your attorney can usually provide you with the best possible guidance in completing this declaration of disclosure statements in a timely way. Accurate and honest statements can help you make the most positive impression on the judge overseeing your divorce litigation. Providing Protection for Minor Children If you believe your spouse may present a danger to your children, you can file for an emergency child custody request for an order that may restrict visitation rights. The California Family Code restricts the use of these emergency requests to situations in which the court identifies there is a risk of harm or abduction. Deciding on Requests for Orders If you and your spouse cannot come to a mutually acceptable agreement about child support, child custody and other requests, you may be required to appear at a hearing to determine the disposition of these matters. Your attorney will typically work with you to ensure that you are prepared for this part of the litigation process. Achieving a Resolution In some divorce cases, it may be possible to reach an agreement that suits both parties and is acceptable to the courts. However, if you and your former partner cannot come to mutually agreeable terms, your case may be determined in the courtroom setting, which may come at a considerable expense to your feelings and finances. When Collaboration Makes More Sense Collaborative divorces are not for everyone. In some cases, divorce litigation can be the best way to dissolve a marriage and to ensure the safety of minor children. For couples who can set aside their personal differences, however, the collaborative process may reduce the costs and provide the best outcomes for all parties to the divorce. This can provide greater confidence and peace of mind for you and your partner throughout the process.

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Divorce Mediation vs Litigation

In the state of California, you have several options when pursuing divorce proceedings. Understanding the difference between mediation and litigation can help you make the best decision for your specific situation. Here are some key facts to consider when planning the dissolution of your California marriage. What Is Divorce Mediation? Mediation arrangements are designed to allow an objective and neutral third party to discuss all issues related to your divorce and to help the two of you make fair and impartial decisions in a private and safe environment. This can result in a more amicable resolution of your divorce and leave each of you in a better emotional place than when you started the divorce process. Mediation vs. Litigation When considering mediation as an alternative to divorce litigation, you should understand the primary differences between these two processes in the California legal system: Litigation can often cost more than arrangements made through mediation. With Mediation, you and your partner will maintain control over the outcome of your divorce and the decisions made about child support, child custody and the division of marital assets. The cooperative atmosphere of a mediated divorce can be less stressful for children. Mediation arrangements allow you to decide issues related to your minor children without involving third parties. In most cases involving litigation, the decisions made in court are part of the public record. Mediation decisions, however, are usually kept private. Mediated divorce agreements may be changed by the parties without a court hearing. By contrast, litigated divorce orders or judgments often require court involvement if either party wants to change the order or judgment. Since you and your partner share a mediator, your divorce is unlikely to escalate into a match between dueling attorneys or a contest to see who can spend the most money to win. If you are considering divorce in the state of California, choosing mediation or collaborative divorce over litigation in court can reduce the emotional and financial cost of your divorce. Mediation Is Not for Everyone Mediation arrangements require you and your partner to work together to find mutually acceptable solutions to the issues involved in your divorce. If anger or lingering resentments have made it difficult for you to discuss matters in a calm and cooperative manner, the mediation process may not be the right choice for your divorce. Mediation is also not recommended for cases in which domestic violence has been a factor. If, however, you can put your personal feelings aside to work together for a mutually beneficial resolution to your divorce, you can often enjoy greater benefits and lower costs by opting for mediation instead of divorce litigation. Deciding how to proceed with your divorce can be a good test case for determining if mediation is a viable solution for you and your partner. If the two of you can agree on the divorce mediation process, you may be able to take advantage of these alternatives to litigation to ensure a less stressful process for all involved parties.   If interested in seeking litigation or mediation services in Fresno, California, contact the Law Office of Julia Ann Brungess today!

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What a Successful Collaborative Divorce Looks Like

For couples who are still on relatively amicable terms despite the breakdown of their marriages, collaborative divorce proceedings can be a less stressful and healthier way to decide on important issues without anger or recriminations. These divorce arrangements require the cooperation of both parties and can sometimes reduce the financial and emotional cost of divorce in the state of California. By choosing to work collaboratively to resolve issues, you have a better opportunity to achieve the most positive outcomes for you and your family. The Initial Agreement The first step towards your collaborative arrangement is to sign a contract that clearly outlines the expectations of each party. In most cases, these contracts include an agreement not to involve a judge in the decision-making process and to disqualify your collaborative attorneys from litigating for either party if the collaborative process ends. Instead, you and your former partner will negotiate the best solutions for your situation with the help of attorneys who specialize in these types of divorce arrangements. What to Expect Depending on the type of collaborative divorce arrangement you choose, you and your ex-spouse will consult with a collaboratively trained attorney of your choosing. These two attorneys will then become a part of the collaborative team that works with you to resolve those issues unique to your situation. Your negotiation and resolution process may take a shorter or longer time depending on how quickly you and your partner can agree on various issues. Outside Expertise May Be Required If you and your partner have accumulated considerable assets or debts during your marriage, you may require additional professionals such accountants or financial planners to help value assets owned by the two of you. These advisors can provide information about the assets and debts acquired during the marriage, and along with your attorneys, offer guidance or counsel regarding the best ways to allocate these financial resources and liabilities. Child Custody and Support Deciding what parenting plan is best for your children, and implementing arrangements for their education, medical care, and religious upbringing can be among the most challenging and emotional aspects of divorce for families with children. By working together and keeping an open mind, you can help to avoid resentment and anger while ensuring the best outcomes for your children. Honesty Is the Key to Success Successful collaboration requires both parties to honest and transparent about their assets, their projected incomes and the living arrangements they can provide for minor children. By maintaining an atmosphere of openness and cooperation, you and your former spouse can come up with creative solutions that can help both of you make a fresh start. Collaborative divorce arrangements are not right for every couple. If you and your partner can set aside any lingering feelings of anger or resentment, this alternative to a traditional divorce proceeding may be the right solution for you! If you live in or around Fresno, California, and find yourself searching for additional guidance on whether a collaborative divorce may be for you, contact the Law Offices of Julia Ann Brungess. Call 559-226-4008 to schedule an appointment today!

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The Pros of Seeking a Collaborative Divorce in California

Divorce can be stressful for every member of the family. If you are on relatively amicable terms with your former partner, however, you may wish to consider an alternative to traditional divorce proceedings. Choosing to seek a collaborative divorce in California can reduce the stress associated with the breakup of a marriage and can allow you to enjoy a number of significant advantages during the divorce process.   Here are some of the most significant benefits of seeking a collaborative divorce in California.   [space_20]   Collaborative Divorce May Allow for a Faster Agreement By agreeing to discuss matters about your divorce directly with your former spouse in the presence of intermediaries, you can often make real progress on dividing up assets and debts, determining the best custody arrangement for children and deciding on other important matters. This can reduce the cost of your divorce proceedings and may allow you to enjoy the best possible outcome for yourself and your former partner. [space_20] The Process May Be Less Stressful for Children Children are keen observers of emotional states, particularly when their parents are concerned. The reduced stress associated with collaborative divorce proceedings can have a positive effect on children and can help them navigate this process with minimal emotional damage. By maintaining a cordial and cooperative attitude, you and your former spouse can also model healthy behavior that can make a real impression on your children. [space_20] It May Be Easier to Move on With Your Life In some cases, collaborative divorce can provide a valuable sense of closure for you and your former partner. By working together to end the marriage and to resolve any remaining issues, you can experience greater peace of mind and an improved attitude regarding the next phase of your life. This can help you minimize regret and can enhance your ability to pursue happiness in the future. [space_20] Collaborative Divorce Can Reduce Hostility and Resentment Because collaborative arrangements provide opportunities to clear the air and to iron out differences, they can be an excellent way to release tension and eliminate hostility and resentment from the divorce process. You can work through many issues and sources of anger while working out the details of your divorce proceedings and custody arrangements. You Can Negotiate on an Even Playing Field Rather than creating an adversarial relationship in the courtroom setting and pitting your attorneys against each other to determine the victor, collaborative divorces allow you to create win-win scenarios that take into account the needs and wants of each party. This can level the playing field for both of you and can ensure a fair resolution of the issues that matter most. By opting for a collaborative divorce, you can reduce the trauma sometimes associated with contentious court proceedings. This can be a positive step for everyone involved, including you, your former spouse and your children. Working together can help you reduce the financial and emotional costs of divorce and can provide you with the perspective needed to take on the challenges of single life and to care for your children after the proceedings are complete. If interested in obtaining more details about seeking a collaborative divorce in the state of California, contact the Law Office of Julia Ann Brungess!  

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Life After Divorce: Surviving the Breakdown of a Marriage

If you are rediscovering how to live after divorce, you may find that everyday activities can inspire unexpected emotional responses. Finding ways to cope with life after divorce can help you to begin the next phase of your life in a positive frame of mind. Here are some ways to start the healing process after your divorce is final.       [space_20] Clean Your House If you are still living with reminders of your ex-spouse, it may be time to clean house and donate or dispose of items that may cause painful memories. Clothing, furnishings and other mementos of your marriage can be sorted into boxes for donation, returned to your ex-spouse or placed into trash bags for disposal. Clearing away the last remnants of a past relationship can help you open your heart to new possibilities that may be ahead.   [space_20] Spend Time with Family and Friends Reaching out to family members and friends can help you develop a support system that can carry you through this difficult period. Planning activities with your children can also provide a welcome distraction from unpleasant feelings. By engaging with close friends and family, you can prepare yourself for life after divorce.       [space_20] Grieve and Let Go It may be difficult to allow yourself to feel sorrow over the loss of your marriage. Allowing time for the grieving process can provide you with a valuable perspective on your own life and your future. Taking time to appreciate your qualities and adjust to your new living arrangement can help you proceed with future plans and goals in a more positive frame of mind. [space_20] Be Willing to Forgive Letting go of your anger and your resentment can be the first step toward beginning the healing process. These destructive emotions can cause you further pain and can prevent you from moving on with your new life. By forgiving your former partner and putting the past behind you, you can improve your emotional health and prepare yourself for whatever life has in store for you in the future. [space_20] Manage Your Finances Controlling your spending and limiting the amount of new debt you take on can help you maintain a healthy financial profile after your divorce. Indulging in a little retail therapy on occasion can be a good way to treat yourself. If this becomes a habit, however, you may need to curtail your spending and design a strict budget that fits your income level.             [space_20] Put on a Happy Face Even when you are feeling less than hopeful, it is a good idea to project a positive image and avoid emotional displays in front of your children. It is important to remember that divorce is difficult for the younger members of your family as well. By maintaining a cheerful demeanor, you can make things easier for yourself and your children during the aftermath of your divorce. It is important not to rush things after your divorce. Emotions can run high during this critical period. By taking one day at a time and working methodically toward your goal, you can live well and happily after your divorce.  

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How a Collaborative Divorce Can Make Financial Sense

If you are considering a divorce in the state of California, a collaborative approach may be right for you and your partner. Collaborative divorce arrangements are best suited for those on amicable terms and with solid trust remaining in their relationships. Rather than opting for a combative confrontation in the courtroom setting, you can sometimes hash out your differences in a less stressful environment. It may be possible to reduce the cost of your divorce proceedings by taking a cooperative approach. Here are some facts every couple should know when considering collaborative arrangements for divorce.   The Cost of Collaboration Can Vary Depending on the type of divorce and number of counselors and advisors needed to resolve issues between you and your former partner, the cost of collaborative arrangements can be as much or more than that of traditional divorce proceedings. Discussing the costs and the duration of these negotiations with your attorney can help you to determine whether collaborative or traditional divorce proceedings are best for your situation. For simple divorces with few issues to iron out, however, collaborations can often cost significantly less than the same proceedings in a traditional courtroom setting.   Child Custody Issues Can Extend the Process If you and your partner must iron out the details of child custody, visitation and other shared responsibilities for your minor children, the process can take significantly longer and may require added funds to complete. Some of the most important child custody issues include the following:    Questions about religious practice and attendance    Educational arrangements    Medical care and treatment    Living arrangements    Holiday visitation    Child support payments Discussing these questions with your former partner and coming to a consensus about the best arrangements for your children can significantly speed the resolution process and can help you make the best use of your available budget.   Assets and Liabilities Must Be Divided Making a thorough inventory of all outstanding debt, financial resources and real property accrued during the marriage can help you determine the most equitable way to divide these obligations and assets. This can speed up the collaborative divorce process to save both of you time and money during this difficult time. Your financial situation can play a significant role in the amount of child support, spousal support and other assets available to you and your partner after your divorce is finalized. By being honest and forthright, you can streamline the process for you and your former spouse.   Emotional Issues Can Hamper Success Collaborative divorce arrangements are not for everyone. If you and your former partner cannot easily discuss sensitive issues without becoming emotional, a traditional divorce may be a more appropriate choice for your needs. Allowing your attorneys to serve as mediators can prevent unpleasant confrontations and can help you to achieve greater peace of mind throughout the divorce process. This can also reduce the overall cost of the divorce in some cases. If you are considering divorce, consulting with an attorney who specializes in California family law cases can provide you with greater insight and improved confidence during this stressful time. A collaborative divorce process can potentially save you money and time while reducing the adversarial aspects of your divorce and allowing you to maintain an amicable relationship with your former spouse. If looking for a lawyer in the Fresno, California, area to help you seek a collaborative divorce, contact the Law Office of Julia Ann Brungess.

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