Collaborative Divorce in Arizona

Unlike traditional divorce, which often involves adversarial court proceedings, collaborative divorce takes place in private meetings where both parties negotiate directly with each other with the help of their attorneys. The process is designed to be less contentious and more cooperative, focusing on finding mutually agreeable solutions rather than winning a legal battle.

In addition to attorneys, a collaborative divorce team may include:

• Financial Advisors: Help address financial issues and ensure fair division of assets.
• Child Specialists: Provide guidance on creating effective parenting plans and addressing children’s needs.
• Mental Health Professionals: Assist with emotional aspects of the divorce and help manage stress and conflict.

The duration of a collaborative divorce varies depending on the complexity of the issues and the willingness of both parties to cooperate. However, it is generally faster than traditional divorce proceedings, as it avoids lengthy court schedules and focuses on resolving issues efficiently.

Collaborative divorce works best for couples who are willing to communicate openly and work together to reach an agreement. It may not be suitable for cases involving domestic violence, significant power imbalances, or where one party is unwilling to negotiate in good faith.

If an agreement cannot be reached, the collaborative process ends, and both parties must hire new attorneys to represent them in traditional court proceedings. This encourages participants to fully commit to the collaborative process and find solutions without resorting to litigation.

To begin a collaborative divorce, both parties must agree to the process and hire attorneys trained in collaborative law. They will sign a participation agreement outlining the rules and commitments of the collaborative process. From there, the team of professionals will work with the couple to negotiate and finalize the divorce terms.