San Francisco Collaborative Divorce Lawyers

When most people think of divorce, they imagine drawn-out court battles between bitterly fighting spouses. While some disagreements truly cannot be resolved without the intervention of a judge, you and your spouse may be on good enough terms to work through the terms of your divorce together. At Moradi Saslaw, our experienced attorneys can help you avoid the ordeal of going to court by guiding you through a collaborative divorce – otherwise known in California as collaborative law or collaborative practice.

What’s the difference between a collaborative divorce and divorce mediation?

The similarities

Spouses work together with their legal teams to resolve their outstanding issues in a low-conflict, non-adversarial manner.
Instead of a judge, you and your spouse decide the terms of your divorce.
Both processes allow you to avoid going to court.
Both are lower conflict options as compared to litigation.

The differences

When starting the collaborative divorce process, you and your spouse must sign a contract agreeing to resolve your divorce out of court.
Collaborative San Francisco family law attorneys have special training in collaborative practice.
Your lawyers must agree to withdraw from representation if the collaborative process fails and you have to go to court.
You and your attorneys negotiate altogether in “four-way” meetings, whereas mediation may involve meetings between the mediator and individual spouses (and often the lawyers).
Mediation allows you to settle some issues and leave the rest for divorce litigation. You can engage in mediation at any point during the divorce process. In contrast, collaborative divorce requires commitment from the start to resolve all issues. If it fails, you must start over and cannot use documents from the collaborative process, which can be frustrating.
Like mediation, collaborative divorce focuses on troubleshooting and problem-solving rather than litigation’s adversarial approach. However, collaborative divorce is more rigid and structured. If you need a more flexible approach, mediation may be a better option.

Pros and Cons of collaborative divorce

A. Pros of collaborative divorce

You can resolve your divorce without going to court.
Allows for civil and ideally honest information exchange between spouses.
The process is more efficient than litigation and usually takes less time.
You and your spouse drive the negotiations and make the final decisions, instead of a judge who doesn’t know your family nearly as well as you do.
Your legal team is incentivized by the “no court” agreement to come up with creative solutions to the issues in your divorce.
Your Final Judgment is the only public record of your divorce.

B. Cons of collaborative divorce

The negotiation process requires both sides to compromise to come to an agreement.
If you and your spouse try a collaborative divorce but the negotiations break down, you’ll have to start your divorce from scratch with new attorneys. This could result in a major loss of time, effort, and expense.

How does collaborative divorce work in California?

Step 1: Hiring a collaborative law attorney

When starting the collaborative divorce process, both parties hire their own attorneys. For the best approach, it’s important to hire an attorney who is specifically trained in collaborative law. You’ll meet privately with your attorney first to discuss:

The issues that are most important to you in your divorce
What you’re willing to negotiate and compromise on
The limits of what you’ll accept and what you’re unwilling to concede

Establishing your goals and boundaries beforehand allows for a much smoother negotiation.

Step 2: Signing “No Court” and withdrawal agreements

Before the collaborative law process begins, you, your spouse, and both of your attorneys must sign a Collaborative Divorce Participation Agreement (PA). Under this agreement:

You and your spouse agree to decide all of your disputed issues out of court, and
If the collaborative divorce process breaks down and you decide to go to court, your lawyers agree that they will withdraw from representing you.

The Participation Agreement is a contract between you and your spouse to:

Willingly disclose all financial information and any other relevant facts,
Carry out settlement negotiations respectfully and in good faith, and
Share your interests and goals openly and honestly.

If you and your spouse are unable to come to a settlement agreement through collaboration, you will both have to find new attorneys to move forward with your divorce in court.

Step 3: Negotiating in “Four-Way” meetings

In a collaborative divorce, all negotiations happen over multiple “four-way” meetings between you, your attorney, your spouse, and your spouse’s collaborative divorce attorney. These meetings often include neutral third-party professionals who apply their expertise to find solutions to your issues. For high-net-worth couples, your collaborative divorce may involve:

Asset valuation and appraisal experts
Child custody and parenting specialists
Accountants or wealth management experts
Mental health coaches who facilitate communication

For more difficult negotiations, your attorneys may also bring in a licensed mediator.

Step 4: Filing your settlement papers

When you and your spouse come to an agreement on your issues, your lawyers will draft a written settlement agreement. Once both parties sign, your attorney will file your divorce papers and settlement agreement with your local family court.

Because you’ve already resolved all of your issues through the collaborative law process, this stage is usually simple and uncontested. As soon as the court processes your paperwork, your divorce will become official along with the terms of your settlement.

An example of collaborative divorce

Jane Doe, a real estate developer, and Jill Doe, a startup entrepreneur, have been married for five years with no children. Due to their demanding jobs, they have grown apart but remain on good terms and share professional circles. Jill leases office space in one of Jane’s properties.

Jane approaches our firm for divorce representation. Given their amicable separation and professional relationship, they opt for a collaborative divorce. This structured process with support teams helps manage emotional conflict and fits their fast-paced schedules.

To divide their assets, their lawyers hire a local property assessor, a startup valuation expert, and a wealth management specialist. Through several “four-way” meetings, they create settlement terms that equitably divide their communal property.

Once Jane and Jill sign the divorce settlement agreement, they file the paperwork with the local court to finalize their divorce.

Frequently asked questions about collaborative divorce

What is the difference between collaborative divorce vs. mediation?

Collaborative divorce offers structure and support. Mediation gives you flexibility and control. The best choice for you depends on your unique issues and needs.
Collaborative law has set procedural rules and protocols to follow with specially trained lawyers. You must choose and commit to the collaborative law process from the beginning. Many collaborative divorces involve input from other neutral professionals. Negotiations are conducted only through “four-way” meetings where both parties and their lawyers are present.
Mediation, on the other hand, can be completed with just three people: you, your spouse, and the mediator. You can use mediation at any point in your divorce. You work directly with your mediator to decide how your divorce moves forward. You set the procedure and your schedule.
Most importantly, if negotiations break down, collaborative law requires that you start the divorce process over with new attorneys. Mediation allows you to keep your legal team and move forward with litigation if necessary.

How long does a collaborative divorce take in California?

In California, your divorce cannot be finalized until six months after your initial divorce papers are served. Depending on your schedule, a collaborative divorce settlement can often be ready for filing by that time. The collaborative divorce process rarely takes more than one year.

Is collaborative divorce right for you?

Collaborative divorce is a unique solution for couples who want a cooperative and structured end to their marriage. In addition to the support of a team of professionals throughout the divorce process, collaborative settlements usually include terms for dealing with issues that arise after your divorce is finalized.

Our San Francisco Collaborative Attorneys can help

At Moradi Saslaw, we specialize in collaborative divorce, offering structured support and expert guidance to help you navigate the process smoothly.

We explain California’s collaborative divorce laws and procedures, ensuring you understand your rights and responsibilities.
We facilitate “four-way” meetings with both parties and their lawyers to promote effective communication and fair negotiations.
We work with neutral professionals, such as financial advisors and child specialists, to provide comprehensive support.
We prepare and file all necessary forms and documents accurately and promptly.
We advocate for your interests in all collaborative meetings, ensuring your voice is heard and respected.

Why choose our San Francisco, California Collaborative Divorce lawyers?

We are a full-service family law firm with experience litigating and negotiating complex divorces and domestic partnership dissolutions in California since 2009.

We understand more than family law: From analysing dividing stock options and restricted stock to untangling limited partnership interests and even working with a forensic accountant, we effectively support our clients in the high-asset landscapes of the Bay Area.
We’re well-versed in custody matters: Our strategies are all about your children’s best interests, including helping you and your partner become successful co-parents when possible.
When we say team, we mean it: We review client cases at weekly roundtable strategy sessions; this ensures that our clients receive the best possible solutions for their complex situations.
We are straightforward with our clients: We tell you what you need to hear, not what you want to hear. Our attorneys answer your questions before, throughout and even after the journey of your case.

San Francisco's most trusted Family Attorneys

Whether it’s a simple asset division, a basic custody agreement, or more intricate matters like dividing stock options, limited partnership interests, or a contested custody dispute, we develop creative strategies to meet every goal. Our premier divorce lawyers have a strong record of courtroom success and negotiated settlements.

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Success Stories that answer ‘Why Moradi Saslaw?’

Kiana Moradi has an unquestionable understanding of Bay Area family law Which includes partnership interests, startup economics, and custody disagreements, especially as they relate to the specific needs and understandings of the San Francisco area. I would highly recommend them for just about any situation.

- Alec Los Angeles, CA

Jennifer handled my case. She is shrewd and trustworthy. Jennifer handled my case. She is shrewd and trustworthy. What I valued the most is that she made me feel safe; that meant more than anything to me. I felt I had someone strong on my side though she treated both parties with respect.

- Mia Google Review

Contact San Francisco’s best Collaborative Divorce Attorneys

The Moradi Saslaw team is specially trained in collaborative law practices and maintains relationships with leading collaborative law professionals in the Bay Area, including esteemed accountants, appraisers, asset evaluators, and wealth management experts. For collaborative divorce attorneys who will guide you to the best way forward for your family, call us at (415) 625-4587 or fill out our contact form to schedule a consultation.