Sacramento, CA family law attorney Mary Molinaro talks about the advantages of collaborative law. The key components of a collaborative divorce involve the parties retaining control over the process and the decisions that lead to resolution. It is a completely confidential process, in contrast to litigation, where issues are publicly aired in court. Instead, collaborative divorce takes place within a supportive team environment, with each party having their own attorney to guide them. A mental health professional is also present to assist with communication of needs and interests and to help overcome any roadblocks during the process.

Additional team members are brought in based on the specific needs of the parties or the case. For instance, a financial expert may be involved to handle required disclosures in family law cases or to assist with business valuations, retirement assessments, or property appraisals.

A child specialist may also be part of the team to address issues related to the children. This approach stands in contrast to litigation, where mental health professionals typically make recommendations to the court regarding the best interests of the children, often resulting in a loss of control for the involved parties. In the collaborative process, the child specialist meets with the child separately and with the parents individually, then shares insights with the team regarding the child’s developmental needs and experiences during the divorce.

This feedback can reveal needs that parents may have been unaware of, facilitating a more informed discussion. Rather than making recommendations, the child specialist provides information that enables the parties to collaboratively create a parenting plan that serves the best interests of their children. Agreements developed in this way tend to be more lasting and satisfactory for the parties, as they actively participate in crafting their own solutions, supported by professionals trained in their specific fields, ensuring that everyone operates at their most efficient level.