JENNIFER MOSHIER: Hello, I’m Jennifer Moshier of Moshier Law. One question I’m commonly asked by clients who approach me is, “I really want to use the collaborative process; I know for a fact. I found you and I found the collaborative process, and it just looks like the right process for me. How do I get my spouse to engage in the collaborative process?
Introducing the Collaborative Process in Arizona Family Law: A Shift in Approach
Well, one of the first things I try to do is I try to get that spouse to the table in the sense that I try to give them all the information that I have available that is also available to the public about the collaborative process. This process is so different than any other process in Arizona and only recently became codified as for letter of law under Rule 67.1 of the Arizona Family Law Rules.
So Rule 67.1 says that any attorney in Arizona may use the collaborative process. However, because it’s a new rule and some new attorneys haven’t yet trained to use that process, it can be a difficult shift for some attorneys to make. The reason is you go from being trained to go to war for your client to being trained to go to war for your client to find a resolution; very different ship.
Collaborative Process, Shifting Perspectives: A Different Kind of Battle in Family Law
So you’re going into this battle, but the battle is not so much against the other side or against the other attorney. It’s against the lack of solutions that may exist. So your goal is to be creative as the attorney in a collaborative process to find solutions.
So that’s the first step. I try to get clients to the table with the other side, their spouse, and get the spouse the information that they may need. If the spouse has an attorney, I will reach out to the attorney. I’ll give them a call, I’ll send them an email, I’ll write them a letter even and offer the collaborative process.
Collaborative Process- Exploring Alternatives When Your Spouse Is Unwilling to Collaborate
Now, what if your spouse is not willing to consider collaborative process? One option you may have is, frankly, to go to court.
Some attorneys, if your spouse hires them, might raise your fees. It’s crucial to act with integrity. I discussed this in a previous video. Finding a cooperative, collaborative attorney is possible.
I recommend attorneys not because they’re my best friends, but because they’re committed to positive outcomes without lasting harm.”
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Collaborative Process in Arizona? Call Moshier Law today at 480-999-0800 to schedule a complimentary 15-minute consultation. Our dedicated team is ready to provide insights and guidance tailored to your specific situation. Don’t hesitate – let’s work together to address your legal needs effectively