Collaborative divorce in San Diego
San Diego Collaborative Divorce Lawyer
Collaborative divorce lets each spouse have their own attorney while everyone commits to settling outside court.
I'm Scott Levin, a California attorney since 2004 and a Certified Divorce Financial Analyst®. I'm also trained in collaborative divorce. In a collaborative case, I represent one spouse and work with your spouse's collaborative attorney toward a written settlement.
The process
How collaborative divorce works
Each spouse hires a collaborative attorney
I advise and advocate for you; your spouse's attorney does the same for them.
Everyone signs a participation agreement
It commits everyone to resolve the issues without asking a court to decide them and to share complete financial information voluntarily.
You work through the issues together
You meet to work through property, support and parenting. Neutral professionals, such as a divorce coach, a child specialist or a financial neutral, can join when they would help.
The agreement is put in writing
When you reach agreement, the attorneys prepare the settlement agreement and the paperwork to finalize the divorce by agreement.
California recognizes the collaborative law process in Family Code section 2013.
My role
Your own attorney, without a court fight
As a mediator, I explain the legal framework and help both spouses evaluate options, while remaining neutral. I do not provide either spouse with independent legal advice or representation. In a collaborative case my role is different: I'm your attorney. I help you understand your rights under California law, prepare with you for each meeting, evaluate proposals and negotiate for terms that meet your goals, while working constructively with your spouse's attorney toward a settlement you both can live with.
My background as a Certified Divorce Financial Analyst® helps when the numbers are complicated: a business, equity compensation, retirement accounts, the house or support. We look at how each proposal would work for your household before you agree to it.
If the collaborative process ends
The process is voluntary, and either spouse can end it. Under the participation agreement, if it ends and the dispute proceeds to contested litigation, both collaborative attorneys withdraw and each spouse hires new litigation counsel. That commitment keeps everyone focused on settlement.
The withdrawal rule applies to contested litigation. When you reach a settlement, your collaborative attorneys prepare and submit the agreed paperwork that finalizes the divorce.
I don't provide courtroom litigation representation. If you may need protective or emergency orders, or a judge to decide contested issues, call me anyway; I’ll tell you honestly what the right next step is.
Fit
Is collaborative divorce a good fit?
It may fit when
- you each want your own attorney's advice and advocacy in the room;
- you're both willing to share complete financial information and negotiate in good faith;
- your issues are complex enough that you want a team approach.
It may not fit when
- there are safety concerns or pressure;
- assets may be concealed;
- one spouse won't commit to settling.
If any of these is a concern, tell me privately at the consultation.
For collaborative teams
Neutral financial professional
Many collaborative teams include a neutral financial professional who helps both spouses gather and understand the numbers. As a Certified Divorce Financial Analyst®, I'm available to collaborative attorneys and couples for that role. The work can include organizing financial disclosures, preparing cash-flow and support scenarios, and showing how property-division options would affect each household.
This is a separate engagement from collaborative representation, under the team's agreement. In that role I'm neutral and don't act as either spouse's attorney. I would not serve as both one spouse's attorney and the team's financial neutral in the same matter.
Would mediation work better?
If you and your spouse would rather work with one neutral professional instead of two attorneys, divorce mediation may fit. As a mediator, I explain the legal framework and help both spouses evaluate options, while remaining neutral. I do not provide either spouse with independent legal advice or representation.
In my mediation service, I provide and review the financial disclosure forms and help you understand the process; you and your spouse complete and exchange your disclosures. I prepare the settlement agreement and the agreed judgment paperwork within the scope of our engagement. Mediation doesn't require giving up independent advice: either spouse may also retain a consulting attorney.
Questions
Questions about collaborative divorce
Do we both need collaborative attorneys?
Yes. Each spouse has their own collaboratively trained attorney.
Can you be our collaborative attorney if you've mediated for us?
If I have served as your joint mediator, I do not then represent either spouse as a collaborative attorney. If you previously consulted with me individually, we would review that engagement and any conflicts before discussing collaborative representation.
How are fees handled?
Each spouse has a separate engagement with their own attorney. Neutral professionals' fees are shared as the team agrees. We discuss the scope and fee arrangement before any work begins.
Can we meet online?
Yes. I meet clients at my San Diego office or by Zoom.
Talk through your options
A consultation is a chance to discuss where things stand and whether collaborative divorce, mediation or another approach fits your situation. Consultations are subject to a conflict check.
San Diego Divorce Mediation & Family Law · 9820 Willow Creek Road, Suite 410 · San Diego, CA 92131
Serving San Diego County and clients throughout California by virtual meeting.
General information, not legal advice for your situation.