Collaborative law is a process in which everyone agrees to work together to create acceptable solutions that work well for both parties and their children.
Each person has their own lawyer, but the lawyers are hired only to work on reaching a settlement - not preparing for trial. If either person decides that they want to litigate, both parties have to get new lawyers. In that way, everyone has the incentive to settle.
Collaborative law is a faster method and usually more cost-effective than litigation.
A collaborative divorce utilizes a team of professionals to guide you through the big decisions. Each spouse has their own attorney to oversee the process but also works together with the team to ensure a cooperative atmosphere.
A neutral financial can be brought in to review assets and make recommendations based on the couple’s needs. Both spouses look at all assets and their value, different scenarios can be discussed, and a budget can be recommended for the future.
Mental health professionals, such as a divorce coach to help the couple communicate better, and/or a child specialist to help with communications with the children, co-parenting, etc.
Donna M. Encinas may suggest any of those team members to help with the collaborative process. The idea is to rely on them to work through complicated – or not so complicated - situations. In something as important as a divorce, you want the best advice you can possibly get. Donna provides that advice.
Also, a collaborative divorce is private, unlike a litigated divorce.
The goal of a Collaborative Divorce is to allow the couple to divorce privately, stay out of court, and come to agreements designed to divorce in a more peaceful and respectful manner, while keeping their family unit intact.
Ms. Encinas is a founding member of Family Divorce Solutions and presently serves on the Board of the Los Angeles Collaborative Family Law Association.