Disclaimer: Please note that this article is not intended to be legal advice. You should always talk to an attorney who is skilled at family law about your unique situation.
Collaborative Divorce is a legal process enabling separating spouses to work together out of court to reach a settlement that satisfies each party and safeguards the children.
Deciding to get divorced isn’t easy. When children are involved, getting divorced can become hard and draining. Although you both may agree on a lot of things, you might still disagree with a couple. You might even agree on everything. What if you don’t agree on everything, and must battle it out? You can avoid going to court altogether and end the marriage with a collaborative divorce.
Enduring a divorce can be a complicated and baffling time. Divorces typically involve lawyers, court visits, and a lot of cost and time. This is particularly true for couple divorcing that cannot agree on anything and need the interference of lawyers and judges to settle all of their disagreements. At the same time, there are many couples that don’t have any disagreements and find each other in a pretty simple divorce. For those individuals, the only legal assistance they likely require is help with filing the divorce papers.
A lot of people, nevertheless, find themselves somewhere halfway where they are willing and able to come to agreements without going to court, but might not be able to come to an agreement on everything. In such cases, each party might have contrasting views on how to best settle matters such as child custody and support, and the division of property, but they might not inevitably have to go to court to settle their matters. These spouses may benefit from utilizing the collaborative divorce process.
Goal of Collaborative Divorce
The goal of collaborative divorce is to take your dispute from out of the common “fight it out in court” situation. However, you can brainstorm the matters that you can’t agree on. It’s a typical practice in a lot of courts to make an effort to find resolutions before going to litigation.
A lot of divorces don’t come to an amicable end. It’s best to be open to an out of court resolution rather than battle it out in court. In a collaborative divorce, each participant has expert guidance to resolve their disagreements. For the collaborative process to work, it is not required for you to be collaborative. But you must trust your collaboratively trained attorney.
What is collaborative law?
Collaborative law pertains to the method of taking disagreements from the “quarrel and win” type backdrop of the courtroom into a “diagnose and problem-solving” backdrop of negotiating. Therefore, a collaborative divorce is a method in which the parties use mediation and negotiating to settle their disputes.
Many courts even make it a requirement so divorcing parties pursue collaborative divorce or mediation prior to litigating in court. Remember it takes two willing participants for a collaborative divorce to succeed. If your spouse is unwilling, going through negotiations and mediation could be futile.
According to LegalZoom, “Collaborative divorce is an option of couples who feel they can work out their divorce settlement themselves but still want legal protection. Although not right for everyone, collaborative divorce strives to bring about settlement in a manner that addresses the needs of both parties.”
What are the benefits of utilizing a collaborative divorce?
There are several benefits to being able to not use the court method to settle your divorce matters. Some of the more beneficial points of using a collaborative model is that it:
- Saves you time;
- Saves you money;
- Occurs in a casual setting;
- Involves the open, free, casual, and trustworthy sharing of information;
- Enables you to choose now how to manage post-settlement arguments; and
- Enables you to negotiate an outcome that works for both you.
What’s the process of a collaborative divorce?
The following is a straightforward step-by-step measure to show how a lot of collaborative divorces advance:
Selecting the Right Attorney
Both parties hire their own attorney’s. When choosing an attorney, make sure to hire one that endorses mediation and recognizes the negotiation process. An attorney that represents you with a devoted advocate method required in a courtroom won’t be as effective when negotiating.
Private Meetings with Your Attorney
Meet privately with your attorney, without your spouse and their attorney. Clearly communicate your preferences and be open to compromise. Discuss your limits, including the minimum you can accept and your ultimate goals. For example, if you’re negotiating child support and you believe $400 a week is fair and necessary, but you can’t live on less than $350 a week, ensure you and your attorney agree on these details before negotiations start to facilitate a smoother process and achieve the best outcome for everyone involved.
Four-Way Discussions
You and your attorney contact and speak with your spouse and their attorney. These “four-way” discussions will probably happen regularly. Collaborative divorces typically involve other professionals such as child custody psychologists and possibly accountants. It is important that these individuals are third-party neutral so that their feedback isn’t influenced by prejudice. Usually, third-party neutral professionals of this type are devoted to assisting you in settling your case without going to court.
Mediation as a Resolution Tool
Occasionally, if the parties are having a hard time coming to agreements, a licensed mediator is brought in for assistance. Mediators are professionals that are knowledgeable of the law and methods and are very calculated and experienced in advising the parties to come to an agreement they both agree on.
No-Court Commitment
Each party and their attorneys will sign a “no court” agreement that orders each of the attorneys to retract themselves from the case if the case does proceed with litigation in court.
Simplified Filing Process
Speak with a domestic or family relations court to help file the divorce documents and settlement agreement. Since you have gone through a collaborative divorce, filing these can be a straightforward, uncontested procedure.
Collaborative divorce could save you time, money, and the frustration of litigation. More importantly, it can enable the parties to work hand in hand to come to a solution that’s best for everyone involved.
Start With A Collaborative Divorce Process: Get an Attorney
The legal matters in divorce cases are abundant and complicated. Collaborative divorce is becoming a favorable method to come to an agreement on these matters, and a proficient divorce attorney has knowledge on how to initiate a collaborative divorce without having to go to litigation.
Arizona Collaborative Divorce
Enduring a divorce is tough. Typically, divorces involve a lot of legal actions and a plethora of attorney involvement, in addition to the fees. Fortunately, there’s a recent rule in Arizona (Rule 67.1) to assist the parties to resolve their marital conflicts without going to court.
While a couple of divorces come with little or no conflicts, some couples find themselves overcome by fees and litigation. In other words, a couple wishing to get a divorce needs to come to an agreement outside of court but typically, have different views on different matters that involve custody and financial issues. This is when collaborative divorce is used.
Generally, collaborative divorces in Scottsdale & Phoenix can be completed two to three times faster than common litigation in court and usually costs 50% to 75% less than a normally litigated divorce. Meaning you could be divorced in 60 to 90 days and will save you thousands in litigation costs.
Collaborative divorce decreases conflicts using reasoning instead of attempting to “win” in a courtroom. Couples cooperatively manage and mediate to come to a resolution with the assistance of professionals that are collaboratively trained. To make it work, each party is required to decide to both agree in moving the case to a collaborative approach. Collaborative divorce allows couples to save money/time and reach a resolution that works out for each party involved. Are you in need of a collaborative divorce lawyer in Scottsdale or Phoenix? You can stop your search, you have found Moshier Law.
How Much Does Collaborative Divorce Cost?
On average, collaborative divorce costs less than a quarter to half that of litigation. It typically takes about a quarter of the time in litigation. Moshier Law professionals have managed a lot of collaborative divorce cases that can reach at least $10,000 in legal costs per party. That’s a big difference in comparison to the cost of litigation that is around $20,000-$50,000.
Collaborative Divorce vs. Traditional Divorce
Learn more about how different a collaborative divorce vs. traditional divorce below.
Collaborative Divorce
A collaborative divorce is a custom approach to divorce. Collaborative divorce occurs out of court, in private. The results are a cooperatively created agreement between the parties to dissolve the marriage. It is usually less stressful and a less expensive approach to divorce in contrast to a traditional divorce. Collaborative divorce often results in more trustworthy results. There are no winners or losers.
Traditional Divorce
Traditional divorce is a legal procedure in which one spouse files a lawsuit against the other. The party responding is served, and the whole case is determined on the court’s schedule. The procedure is official and is based on rules, not your needs. Traditional divorces are sometimes drawn out and stressful. High dispute divorces can develop more tension, particularly when spouses need to discuss the children’s futures.
How Do I Find Collaborative Divorce Lawyers Near Me?
By deciding to use one of the collaborative divorce lawyers on this site, you’re more likely to go through a civil divorce in which each party is satisfied with the terms.
Source:
- “How Collaborative Divorce Works: FAQs.” Findlaw, 10 Oct. 2018, family.findlaw.com/divorce/how-a-collaborative-law-divorce-works-faq-s.html.
