DIVORCE APPROACHES
If you are contemplating filing for divorce, you should be aware of your options first so that you can make an informed decision as to the approach that you would like to take.
Traditional Litigation
Although some divorces are very simple and can be handled with a minimum amount of red tape and delay (such as when there is no significant property involved and the couple has no children) most divorces are far more difficult and can take many different courses.
Most people, when they commence a legal action, assume that the matter will ultimately result in a court trial. The fact of the matter is that only a small percentage of cases actually result in a trial. The reasons for this are several. First and foremost is the shortage of courtrooms - there aren't enough of them. As a consequence, the system has developed such that negotiation is expected and demanded by the courts. The policy is to settle family law matters outside of the courtroom.
If a settlement is reached, the agreement encompassing the terms of a settlement is submitted to the court (without appearing in court). If the judge approves the agreement, he or she issues a divorce decree that includes the terms to which the parties agreed. If the judge does not approve it, or if there has been no agreement, the case will go to trial. But the pressure to settle, that the court creates, is significant.
Another reason that few cases reach trial is the cost of legal fees. Trial requires substantial attorney time - resulting in substantial fees and costs. The possibility of incurring sizeable attorney's fees is usually adequate incentive for the spouses to settle their differences short of trial.
Attorney Lindsay R. Smith is firmly committed to the policy of attempting to resolve family law matters without resorting to trial. She is acutely aware of the financial drain on her clients that a trial can cause. However, there are some instances when a court trial may be the most efficient method of dispute resolution. In such cases, Lindsay stands ready to aggressively represent her clients in trial to protect their rights and best interests.
Collaborative Process
Collaborative family law is a process where both parties have attorneys. The parties and attorneys commit to resolving the issues in the family law case without going to court. They commit to full disclosure, negotiation, and mutually beneficial solutions to the issues of custody, support and property. Experts in child development and finances are available to assist in a neutral way. In the event one party becomes disillusioned and decides to seek court intervention, both attorneys and any associated experts resign and the parties must start the process all over again with new lawyers and experts. This creates an incentive for the parties to stay committed to the collaborative process, even when frustrations develop or disagreements seem insolvable.
In Collaborative Law, the goal is to approach conflicts in a healthy manner so that parties are not immediately polarized against each other, triggering denials and defenses and other counter-productive actions. Both parties benefit from a team of professionals who guide them to a cooperative resolution. Lindsay stands ready to guide you through the collaboration process with a focus on attentive service.
Divorce Mediation
Mediation is a process where the parties work with a neutral third party-someone trained in techniques of dispute resolution to resolve the issues in their family law matter. Each party may retain an attorney to review the negotiated agreement and give them legal advice about the fairness of the agreement, avoiding alternatives such as litigation and court-rendered decisions. Lindsay R. Smith assists clients engaged in the mediation process. She can help the client prepare legal forms such as Declarations of Disclosure. She can also strategize with the client prior to their participation in a mediation session, so the client can proffer workable solutions.
There are various approaches to mediation, but no matter what method appeals to the parties, virtually every mediator advises clients to seek the advice of an attorney prior to finalizing any settlement agreement that has been negotiated.
Lindsay R. Smith acts as a consulting attorney to parties engaged in mediation. She can begin advising clients from the start of the process so that upon entering mediation they have an idea of what their legal rights are. She can strategize and discuss options and alternatives with a client so they can bring ideas for settlement into the mediation. Finally, Lindsay can review and comment on the settlement agreement to make sure that a client's interests are protected by the language in the settlement agreement, and to ensure that the agreement reflects the client's understanding of what the negotiated outcome involves.
Whether you are getting a divorce through traditional litigation, collaborative law, or mediation, our divorce lawyer is dedicated to working for a favorable resolution. For assistance with property division, child support, child custody, visitation, and other family law matters, contact Wine Country Family Law & Bankruptcy Office today.
CLICK HERE to contact our Sonoma & Mendocino County Divorce Attorney.
CLOVERDALE & UKIAH DIVORCE LAW - Wine Country Family Law & Bankruptcy Office
Serving clients throughout Sonoma, Lake and Mendocino Counties, as well as Northern California, including, but not limited to, Cloverdale, Healdsburg, Windsor, Santa Rosa, Rohnert Park, Cotati, Penngrove, Petaluma, Sonoma, Sebastopol, Bodega, Occidental, Jenner, Guerneville, Forestville, Hopland, Ukiah, Redwood Valley, Fort Bragg, Mendocino, Laytonville, Willits, Potter Valley, Covelo, Lakeport, Clearlake, Kelseyville, Nice, Hidden Valley Lake, Upper Lake, Middletown, Cobb and Lower Lake.
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