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Collaborative Divorce in California

A Private, Supported, Out-of-Court Process — Designed Around Your Family

Serving clients throughout California | Based in Elk Grove | Virtual appointments available

You're facing one of the most difficult transitions of your life. And if you're reading this page, you're already asking a better question than most people think to ask:

Is there a way to do this that doesn't destroy everything in the process?

There is.

Collaborative Divorce is a structured, team-based process that lets you and your spouse make your own decisions — fully informed, legally sound, and built around the specific needs of your family — without ever setting foot in a courtroom.

It isn't a shortcut. It isn't a guarantee that everything will be easy. But for families who are willing to work toward resolution, it is almost always a better path than litigation — less costly, less damaging, more private, and more likely to produce agreements you can both live with for years to come.

WHAT IS COLLABORATIVE DIVORCE?

Collaborative Divorce is a voluntary, confidential legal process in which you and your spouse each retain your own specially trained attorney, and commit in writing to resolving all issues in your divorce outside of court.

Unlike traditional divorce litigation — where attorneys work against each other and a judge makes final decisions about your family — the Collaborative process puts you and your spouse in control. A team of professionals works with you, not above you, to help you reach agreements that reflect your family's real needs, values, and goals.

The Collaborative team typically includes:

  • Your Collaborative Attorney — Lana Shearer, who represents your interests, ensures you understand your legal rights, and guides you through every step of the process
  • Your Spouse's Collaborative Attorney — An attorney trained in Collaborative practice who represents your spouse's interests in the same cooperative spirit
  • A Neutral Financial Professional — A financial expert who helps both parties fully understand the financial landscape of the divorce — assets, debts, support, tax implications — so that decisions are made with complete information
  • Divorce Coaches — Mental health professionals trained in the Collaborative process who help both parties communicate effectively, manage the emotional dimensions of the divorce, and stay focused on the future
  • A Child Specialist (when children are involved) — A trained professional who gives your children a voice in the process, assesses their needs, and helps parents build a parenting plan designed around what's truly best for them

Every team member is specifically trained in the Collaborative model. Everyone in the room is working toward the same goal: a resolution that works for your whole family.

HOW THE PROCESS WORKS — Step by Step

Step 1: Initial Consultation You meet with Lana individually to discuss your situation, understand what Collaborative Divorce involves, and determine whether it's the right fit for your family. This is a private conversation — no pressure, no commitment required.

Step 2: Both Spouses Retain Collaborative Attorneys Each of you retains your own Collaborative-trained attorney. Your spouse will need to find their own Collaborative attorney — Lana can provide referrals to other trained practitioners in the Sacramento area and throughout California.

Step 3: Signing the Participation Agreement All parties — both spouses and both attorneys — sign a Participation Agreement committing to the process. This agreement is the foundation of the Collaborative process. It confirms that everyone will work in good faith, share all relevant information voluntarily, and keep the process confidential. Critically, it also establishes that if either party chooses to abandon the Collaborative process and go to court, both attorneys must withdraw — which gives everyone a powerful incentive to stay at the table and work toward resolution.

Step 4: Team Meetings The process unfolds through a series of structured joint meetings — typically four to eight sessions, depending on the complexity of your situation. In these meetings, your full team works together to identify the issues to be resolved, gather and review all relevant financial documents and information, explore options and brainstorm creative solutions, and negotiate agreements on all aspects of your divorce.

Sessions are scheduled around your availability — evenings and Saturdays are available — and can be conducted entirely virtually, from wherever you are in California.

Step 5: Reaching Your Agreement Once all issues are resolved, your attorneys prepare the legal documents memorializing your agreements. These are reviewed carefully to ensure they are complete, legally enforceable, and designed to hold up over time — especially as circumstances evolve.

Step 6: Finalizing the Divorce Your attorneys file the necessary paperwork with the court to finalize the divorce. The court's role is minimal and administrative — there are no hearings, no appearances before a judge, and no public airing of your private family matters.

THE ISSUES COLLABORATIVE DIVORCE RESOLVES

The Collaborative process can address every issue present in your divorce, including:

  • Division of marital assets and property — including real estate, retirement accounts, investments, and business interests
  • Division of marital debts
  • Spousal support (alimony) — amount, duration, and terms
  • Child custody and parenting plans — including legal custody, physical custody, and visitation schedules
  • Child support — calculated in accordance with California guidelines, with room for creative solutions where appropriate
  • Co-parenting communication and decision-making frameworks
  • Special considerations for adult children, blended families, and complex family situations

WHY COLLABORATIVE DIVORCE — THE REAL ADVANTAGES

These aren't just talking points. These are the reasons families who have been through both processes consistently say they would choose Collaborative again.

You stay in control. In litigation, a judge who has never met your family makes binding decisions about your children, your finances, and your future. In Collaborative Divorce, you make those decisions — informed by experts, guided by attorneys, but always with your own voice and your own values driving the outcome.

Your privacy is protected. Court proceedings are public record. The details of your finances, your parenting disagreements, your personal circumstances — all of it can become part of the public file in a litigated divorce. Collaborative Divorce is entirely confidential. What happens in the process stays in the process.

Your children are protected. Research consistently shows that children fare better when their parents divorce with low conflict and maintain a cooperative co-parenting relationship. The Collaborative process is specifically designed to protect children from the damaging effects of adversarial divorce — and when a child specialist is involved, your children's voices and needs are directly represented in the process.

Your family relationships are preserved — or at least not made worse. Litigation is adversarial by design. It creates positions, amplifies conflict, and often leaves spouses as enemies. Collaborative Divorce is cooperative by design. It doesn't require that you agree on everything — but it does create a framework for working through disagreement in a way that preserves at minimum a civil, functional relationship. For families with children, this isn't just nice to have — it's essential.

It is typically less expensive than litigation. This varies by case, but Collaborative Divorce almost always costs significantly less than a contested litigated divorce — because you're not paying for court appearances, discovery battles, contested motions, and the inefficiencies of an adversarial process. The use of a single neutral financial professional (rather than competing financial experts) also reduces costs considerably.

Agreements tend to last. When two people negotiate their own agreements with full information and expert guidance, they're more likely to honor them. Litigated settlements imposed by a court — especially when one or both parties feel the process was unfair — are far more likely to be relitigated.

IS COLLABORATIVE DIVORCE RIGHT FOR YOU?

Collaborative Divorce works best for couples who meet most of these criteria. You don't need to check every box — but the more of these resonate, the more likely Collaborative is an excellent fit.

You want to stay out of court and avoid a public proceeding You have children and care deeply about protecting them and preserving your co-parenting relationship You want to reach your own agreements rather than have a judge decide You are willing to share financial information openly and honestly You want professional support to navigate the emotional and financial complexity of divorce You value privacy and confidentiality You want to preserve a functional, respectful relationship with your spouse after the divorce You don't necessarily agree on everything — but you're both willing to work toward resolution

Collaborative Divorce may not be the right fit if:

  • There is a history of domestic violence or a significant power imbalance that cannot be adequately addressed within the process
  • One spouse is unwilling to participate honestly or share information in good faith
  • One spouse is determined to pursue litigation regardless of alternatives

If you're unsure whether your situation qualifies, the best next step is a confidential consultation. Many cases that initially seem too complicated or too contentious for Collaborative Divorce turn out to be excellent candidates.

COLLABORATIVE DIVORCE vs. MEDIATION vs. LITIGATION

People often confuse these three processes. Here's a clear comparison:

Litigation Each spouse hires an attorney who advocates only for their client. Disputes are resolved through court hearings and, if necessary, trial. A judge makes final decisions. The process is public, expensive, slow, and adversarial. Control rests with the court.

Mediation A single neutral mediator helps both spouses reach agreements. Neither spouse has their own attorney present in sessions (though consulting attorneys can advise outside of sessions). Less expensive than litigation, but each spouse navigates without individual legal representation and advice in the room. Works well for couples who are largely in agreement and need help finalizing details.

Collaborative Divorce Each spouse has their own trained attorney and a full professional team supporting the process. More structured and comprehensive than mediation. Each party has individual legal representation and advice throughout. Designed for couples with more complex financial or parenting issues, or who want the security of having their own advocate while still working cooperatively. The most supported out-of-court option available.

FREQUENTLY ASKED QUESTIONS

What if my spouse and I don't agree on everything? This is one of the most common misconceptions about Collaborative Divorce — that it's only for couples who already see eye to eye. It isn't. In fact, the process is specifically designed to help couples work through disagreement productively, with professional support. You don't need to agree before you start. You need to be willing to try to get there.

What if my spouse won't cooperate? Both spouses must voluntarily agree to participate. If your spouse is unwilling to engage in good faith, Collaborative Divorce cannot proceed. However, many spouses who are initially reluctant come around once they understand what the process actually involves — and what litigation actually costs.

What happens if the process breaks down? If the Collaborative process fails to reach agreement, both Collaborative attorneys must withdraw, and you and your spouse will need to hire new attorneys to proceed with litigation. This is by design — it ensures that all parties are genuinely committed to the process, and it gives everyone a strong incentive to work toward resolution. This outcome is relatively rare in cases that begin with both parties genuinely committed.

How long does it take? The timeline varies by case, but Collaborative Divorce is almost always faster than litigation. Most cases resolve in four to eight joint sessions over a period of several months. You control the pace — which means you can move more quickly or more slowly based on your circumstances.

How much does it cost? Costs vary based on the complexity of the issues and the number of sessions required. Collaborative Divorce is typically significantly less expensive than contested litigation because it avoids court appearances, reduces attorney time, and uses a shared financial neutral rather than competing financial experts. A consultation with Lana will give you a much clearer picture of what to expect based on your specific situation.

Can we do this virtually? Yes. All meetings and sessions can be conducted entirely by video conference. Shearer Law and Mediation serves clients throughout California virtually, with no requirement to travel to our Elk Grove office.

Do both spouses need to hire a Collaborative attorney? Yes. Each spouse must have their own Collaborative-trained attorney. If your spouse does not yet have an attorney, Lana can provide referrals to other trained Collaborative practitioners in your area.

What about our children — do they participate? Children do not attend sessions. However, when a child specialist is part of the team, that professional meets with your children separately to understand their needs and perspectives, and brings that information into the process in an age-appropriate way that protects them from the burden of being caught between their parents.

WHY CHOOSE LANA SHEARER FOR YOUR COLLABORATIVE DIVORCE

Choosing the right Collaborative attorney matters enormously. The quality of your attorney's training, their commitment to the process, and their skill in guiding you through it directly affects your outcome.

Lana Shearer brings to your case:

Deep Collaborative training and experience. Lana is a trained Collaborative Divorce Practitioner who has dedicated her practice to alternative dispute resolution. This isn't an add-on service — it is the core of what she does.

25+ years of California family law experience. As a Certified Family Law Specialist — a designation held by fewer than 1% of California attorneys — Lana brings rare depth of legal knowledge to your case.

Active leadership in the Collaborative community. Lana serves on the board of the Sacramento Collaborative Divorce Group, on the board of Collaborative Practice Silicon Valley, and as a Delegate and Public Education Committee member for Collaborative Practice California. She is deeply embedded in the professional community that is advancing this practice statewide.

A perspective that comes from having seen the alternative. As a former litigation attorney, Lana has seen firsthand what a contested divorce does to families. That experience is the reason she practices the way she does — and it informs every conversation she has with clients about their options.

A practice built for your real life. Virtual appointments, evening and Saturday availability, and flat-fee packages designed to give you clarity about costs before you begin.

READY TO TAKE THE NEXT STEP?

A conversation with Lana costs you nothing but time — and it will give you a clear picture of whether Collaborative Divorce is right for your family, what the process would look like for your specific situation, and what you can realistically expect in terms of timeline and cost.

Schedule a Confidential Consultation By phone or Zoom | Evening and Saturday appointments available | Serving all of California virtually

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Shearer Law and Mediation, APC | 9381 E. Stockton Blvd., Suite 200, Elk Grove, CA 95624 | Serving clients virtually throughout California

Areas We Serve

Based in Elk Grove, California, Shearer Law and Mediation, APC serves clients virtually throughout California.