Questions about the Collaborative Law Process

What is collaborative law?

Collaborative law (also called collaborative practice, divorce, or family law) is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of court. It allows them to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of a contested litigation. Below are five of the top questions about collaborative law that have been answered by Family Lawyers on JustAnswer.

In California under a collaborative law agreement what rights does the 15 year old child have when deciding where he/she wants to stay?

A 15 year old is still considered a minor and has no legal right to decide on where to stay. In California, the law states that the child follows the orders of what the court has written. If the child fails to go by what the court says then the legal parent could be fined or even sent to jail. However, the parent is able to go to court and see if the judge will with the child’s wishes. In most cases, the court's decision is based on what it deems to be in the best interest of the child.

When a couple separates and one moves out and they change their mind does he/she have the right to move back into the home that was owned together?

In most cases, you would have the right to move back in at any given time, since the home was owned by both parties as long as there is no disturbance. There could be exceptions to this if your spouse got a court order on grounds of fear of physical harm or some other legal provision. If you are in a domestic situation and need your collaborative law questions answered, you could bring your questions to Family Lawyers on JustAnswer.

During the process of a divorce if you starts to seek anger management could the other use it against you in custody of a child?

In most cases, the other person could use it against you in court, and cite possible safety concerns for the child. Since the court normally considers the best interest of the child in deciding custody, it could influence the decision on where the child lives.

In San Francisco Bay Area where could someone find a local attorney for collaborative law?

Here is a website in which may help you find a local attorney to help you:
San Mateo County Bar Association: http://www.smcba.org/

Collaborative law is a new way to resolve disputes by removing the issues that are not agreed upon and keeping them out of the court room setting. Collaborative law uses the 'troubleshooting' and 'problem solving' methods instead of fighting it out in court for legal dispute resolution. If you feel that you may need collaborative law help, but are not sure whether your legal matter would qualify for resolution through collaborative law, you could ask a Family Lawyer on JustAnswer for an Expert assessment of your situation.