Optimism in the time of adversity: The benefits of collaborative family law

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Family law specialists would know of the gravity and depth of family law matters, particularly of separation. This is why lawyers would attempt to put erring parties on a common ground and aim for a settlement outside of court whenever possible. The Collaborative Family Law (CFL) is built upon this parcel. The Collaborative Law Network defines CFL as a “dignified, cooperative approach to negotiating and settling the issues arising from a family separation outside of court.”

 

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Through CFL, the hostilities involved in marital dissolution proceedings are avoided and both parties negotiate their outstanding issues in a controlled and respectful informal meeting also known as the ‘four-way meeting.’ Divorce attorneys would act as communication and negotiation counsel for their clients in each meeting. Acting as coaches, the lawyers focus solely on the settlement without pushing their clients to go to court. Everyone involved in the process are committed to forging a fair, satisfying, and stable legal agreement.

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Other key advantages of CFL include the following:

• There is a cooperative approach to resolving issues.
• The client is in control of the proceedings.
• Parties negotiate issues without constant court threats.
• The lawyers commit themselves to the collaborative process, helping parties resolve problems without going to court.
• The procedure is less time consuming, less stressful, and less expensive than court proceedings.



Attorney Michael Kelly is among the well-respected divorce lawyers in California. He currently heads Kelly, Fernandez & Karney, the oldest and largest family law firm in Santa Monica. To learn more about family law, visit www.kfkfamilylaw.com.

From marital bliss to estrangement: The realities of irreconcilable differences

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As experts in family law would observe, filing for divorce in California has never been easier since it’s a ‘no-fault divorce’ state.

California stipulates two substantial reasons to end a marriage: irreconcilable differences and incurable insanity.

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While incurable insanity is rarely used, irreconcilable differences are more common in that all it takes is for one spouse to throw in the towel into the marriage. In a ‘no-fault divorce,’ the spouse could just declare incompatibility and file for divorce without having to prove that the other party has committed any wrongdoing. Then the court will determine if the grounds are “substantial reasons for not continuing the marriage and which makes it appear that the marriage should be dissolved.”


Family law specialists would see that the issue of irreconcilable differences is often driven by the tabloid portrayal of celebrity couples which makes it something that people can get away with easily. Fact is, the drama of divorce due to irreconcilable differences extends beyond the courtroom into the way couples view their significant others and themselves as someone worth keeping.

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The issue of divorce due to irreconcilable differences is a very serious matter. It’s when couples reach the end of their emotional rope and run out of energy to make the marriage work. In trying moments like this, couples need a lawyer who understands how emotionally charged the case is and who’s willing to help them get back to life.


Michael Kelly is among the esteemed family law experts in California. He is part of Kelly, Fernandez & Karney, the largest family law firm in Santa Monica. To learn more about the divorce laws in California, visit www.kfkfamilylaw.com.