Experienced and Caring Fresno Family Law Representation

Many couples considering divorce want to resolve their issues amicably and move on with their lives. They start the divorce process with high hopes for a resolution, only to find themselves bogged down as difficulties arise. Former partners turn stubborn and difficult and animosity builds up. This affects the well-being of their children—and breaks down the working relationships parents will need in the long-run.

There Are Other Divorce Options

At Hemb & Hemb, LLP, we provide legal guidance and support that allows our clients to resolve their divorce, marital property division, or child custody disputes in the manner that works best for them.

Family law attorney Susan Hemb is a member of the International Association of Collaborative Practitioners and the Collaborative Affiliates of Central California. She is prepared to represent you as you negotiate a full or partial divorce settlement agreement in divorce mediation, in the collaborative law process of divorce, or in traditional divorce litigation—which ever of these options is determined to be the best way to reach your goals.

Contact our Fresno law office to schedule a consultation to learn more about which option may work best for you.

Reaching a Marital Settlement Agreement

The goal of mediation and the collaborative law process is to help you reach a marital settlement agreement on as many issues as you can, without the intervention of the court. For couples who are motivated to work out their own resolutions, these methods can save you both money and time. A divorce settlement also allows you to keep the details of your marriage and divorce private and out of the public record.

Even more important, the resolutions that you can reach with mediation or the collaborative law process are often more satisfactory to both partners. After all, the terms of your agreement will be uniquely responsive to your family's needs. When managed properly, the process can also help you and your former partner learn how to work together productively without getting stuck fighting all the old battles and focusing on blame.

Mediation and collaborative law do not work for everyone or in every situation. If your family has been affected by domestic violence, if one partner refuses to cooperate, or if one partner cannot be honest, family court is the best option.

If you have questions about which process will work best in your particular situation, contact our law office in Fresno to talk. Ms. Hemb is well qualified to explain the pros and cons of each process and help you decide on your best strategy to move forward with your divorce. She is one of only a handful of members of the International Association of Collaborative Practitioners serving the Fresno area.

Collaborative Law

Collaborative Divorce is a brilliant, relatively unknown, but nevertheless available model of divorce, falling between the mediation and litigation models. To clarify, mediation is practiced by a neutral professional who isn't able to advise clients directly because a mediator must maintain neutrality.

In Collaborative Divorce, both spouses have their own attorney to advise them, but unlike litigation, the attorneys are bound by contract to negotiate a settlement without using the court system. The separation agreement is developed at a conference table with the participation of both clients. The other major difference in this new model is the use of a team, made up of two matrimonial attorneys, a neutral financial professional and divorce coaches.

FINANCIAL PROFESSIONALS serve an important role in Collaborative Divorce. He or she will act as a neutral expert for both parties, collecting and organizing the financial data from both spouses. The FP will interview the couple together to understand the financial picture. Once the information is organized, the FP will meet with both spouses and both lawyers to begin to separate assets. Financial Professionals may also provide support to the spouse who knows the least about the family finances. FPs help brainstorm options when decisions are being made and assist the lawyers in clarifying more complex financial issues.

DIVORCE COACHES, who are licensed mental health professionals, teach clients how to divorce in a healthy respectful way and avoid doing unnecessary damage to their family. Coaches keep the children in mind during all discussions as they help clients work through inevitable communication snags. Coaches assist in developing a parenting plan, which outlines how each parent will spend time with the children. Words like custody and visitation are replaced by words like parenting plan and sharing time with the children. Neutral Child Specialists, who are usually child psychologists, may also be part of the team. They are engaged if there are particular problems regarding one or more of the children or if the parents' perspectives of the children are widely divergent.

TOP TEN REASONS TO RECOMMEND COLLABORATIVE DIVORCE

1. The well being of the children is considered the most important reason to collaborative, rather than the more competitive model of litigation.

2. It's a gentler, more intelligent process where clients can design their agreement, with their lawyers' help, according to what works for their particular family.

3. The process is private. This is particularly important to high-profile clients.

4. The family is supported by a team of professionals, all of whom have had extensive training in mediation and the collaborative process as well as continuous ongoing training in a variety of related subjects.

5. Problems that arise are addressed by the appropriately educated, experienced professional.

6. It's less expensive to speak to the financial or divorce coach/mental health professional because of the efficacy of using the right person for the problem, and because the mental health and financial hourly rates are often less than the legal rates.

7. Most divorce coaches will speak to clients outside regular business hours, if necessary. They help manage anxiety and upset.

8. The Collaborative team is in touch regularly so transparency is the norm. This promotes concentration on what works for the family as a whole, rather than on individual concerns.

9. Coaches educate parents on the pitfalls of divorce for children and offer them a wider perspective, cautioning against negativity towards the other parent.

10. The Collaborative model suggests looking at divorce as a problem to be solved, not a battle to be fought.

The separation agreement that is developed by the clients and lawyers during the Collaborative process, with the input from the financial and mental health perspectives, is a comprehensive and personalized document that while never celebratory, brings a deeper sense of peace and structure as the marriage dissolves.

Reaching Other Family Law Goals

As a family law and divorce lawyer, Susan Hemb provides a wide range of legal services for families in and around Fresno. In addition to divorce and its related issues, we also assist our clients with:

• Modification of existing family court orders for child support, spousal support, child custody, or visitation ("parenting time")
• Prenuptial agreements
• Domestic partnership agreements, as well as dissolution of domestic partnerships (divorce), for same-sex couples
• Transfer of property with homestead declarations and inter-spousal transfer deeds
• Temporary and permanent restraining orders to protect you if you have been the victim of domestic violence

For any family law matter, you will find helpful, supportive, and skilled legal guidance to help you achieve your goals. Contact our Fresno law office today to schedule a consultation with attorney Susan Hemb.

Hemb & Hemb, LLP
1530 East Shaw Avenue, Suite 104
Fresno, CA 93710
Phone: 559-440-6009
Toll Free: 866-827-2438
Fax: 559-241-7052
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