When two spouses decide they no longer want to be married to one another, a flood of emotions usually ensues. While some spouses deal with anger and suspicion of one another that might send them into a battlefield mentality, other spouses want to avoid any further drama and do everything they can to move on from the marriage with as little argument and expense as possible. In these latter situations, it is often the case that spouses consider the possibility of creating their own settlement agreement without the assistance of an attorney under the impression that doing so will be mutually beneficial. While it is possible to create a settlement agreement without a lawyer, doing so can easily backfire, causing more drama and expense in the long run. Furthermore, many California family law attorneys are more than happy to work with spouses who seek a collaborative, drama-free divorce and can help them facilitate just that.
“No Lawyers” Does Not Mean “No Drama”
First off, it is important to understand that, even if you create your own settlement agreement, you will still need to follow all of the court procedures for obtaining a divorce, which includes multiple court filings by both parties which contain comprehensive financial information (among other information), and a state court judge will need to review your settlement agreement and will only approve it if is fair with respect to issues of property distribution, spousal support, and any issues relating to children.
For many couples, obtaining a divorce in California without legal counsel is a far more complex and challenging process than first contemplated. Attempting to do so often results in delay and confusion, and, as the months proceed and both spouses begin to deal with the emotional and financial consequences of the marriage ending, tempers can easily flare. What was previously a “drama-free” situation can explode with drama, and suspicion, anger, and resentment can make matters worse than they started. Meanwhile, informal agreements between the spouses can turn out to have no legal significance, causing only further embitterment, delay, and expense than ever.
Family Law Attorneys and Collaborative Divorce
Contrary to some popular perception, family law attorneys do not only represent spouses determined to fight with each other over issues such as property division and spousal support. While arguments over those issues can and do lead to longer, more expensive representations, family law attorneys frequently work with spouses who are essentially seeking the same thing: a peaceful, mutually beneficial end to the marriage. In the same way a real estate attorney can represent your interests in executing a transaction with a buyer with whom you’ve made an agreement, a family law attorney can work with you to make sure that your collaborative divorce is reached in a way that is not only efficient and smooth but also protects your interests for years to come.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.