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What is Collaborative Divorce?
Since it is well known that divorce can cause extreme distress, divorcing people need to be well informed about the option for a Collaborative Divorce. The Collaborative Divorce process provides a multi-dimensional support system for the divorcing couple and their family, addressing the emotional, financial and legal aspects of divorce.
By having an interdisciplinary team of professionals working together with the couple (and their children) to support and educate them, this pivotal life event is approached reverently and resourcefully. The team setting provides a climate of safety and hope by utilizing transparency, constructive communication, information and support so the couple can make fully informed decisions about their future.
A Collaborative Divorce Team consists of the divorcing couple, a Lawyer and a Divorce Coach for each, one neutral Financial Specialist and a Child Specialist who represents the voice of the child(ren), all selected by the couple at the inception of the case. The case commences once the full team has been selected and retained; a meeting is then scheduled to sign the Collaborative Commitment Agreement, calendar all meetings and begin the process.
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Why Do We Need a Team?
Divorce is a complex process consisting of emotional challenges, financial concerns and legal questions that need to be answered. Opportunities to address these different divorce dimensions are essential for the healthy transition of the family, minimizing the negative impact frequently associated with divorce. Hiring a team gives the couple and their family the appropriate resources to address each of these important areas. Each professional brings their expertise to the couple and to the other professionals within the team, sharing information transparently to promote a truly respectful and gentle evolution from a one household to a two household family system.
Sometimes couples contemplate a Collaborative Divorce without the benefit of a full team. They think they are saving money in so doing; however, we have found definitively that couples, who do not experience the benefit of a full team, do not enjoy the closure, resolve, and hope of those who choose a full-team approach. Imagine baking bread without the key ingredients, it will fall flat and be impossible to digest.
It is the honor and privilege of the professional team to work with divorcing couples who choose and commit to a Collaborative Divorce, seeking to create peaceful solutions for their future.
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What Will My Collaborative Divorce Case Cost?
Clients should not select this approach simply as a “low cost” alternative. However, experience suggests that savings over a normal adversarial divorce can be significant. The cost of a Collaborative Divorce depends on a number of factors. These factors include the difficulty and number of issues to be resolved, the professionals’ hourly rates, the costs of getting the necessary data or information from others, and the amount of time you and your team needs to spend on your case. It is reasonable to expect a clear explanation of the professionals’ billing policies. Attorneys, Coaches, Child Specialists and Financial Specialists will charge you for the time spent in conference with you, preparation for conference, telephone calls, and document production. While there are many factors which affect the total cost, far and away the biggest factor is how quickly agreement is reached.
You would have attorneys’ fees, appraisal expenses, custody evaluations, vocational valuations, fights over your right to get information from your spouse, court costs, etc. in a traditional, adversarial divorce. No one can predict those costs either. In analyzing the costs of various options, don’t overlook the emotional cost of a protracted battle or frequent fall-out of the adversarial process: continuing, on-going conflict in the future.
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What Is The Difference Between Collaborative Divorce And Mediation?
At the heart of Collaborative Divorce is the commitment not to go to court. In Collaborative Divorce, a team of professionals help disputing clients to settle the issues in their case. The Collaborative Team helps the divorcing or separating couple focus on decisions that must be made to finalize a marital settlement agreement. In order for a marital dissolution proceeding to be truly Collaborative, the clients must sign a Collaborative Commitment Agreement. The Collaborative lawyers who have been involved in the collaborative process, along with the other collaborative team members, must all withdraw if the collaborative process ends. The disqualification component of a Collaborative Divorce proceeding distinguishes it from all other alternative dispute resolution processes. The assurance that neither attorney is “building a case” against the other client while they are participating in the negotiation process provides the clients with a team trained and committed to work together towards settlement. Each side has professional legal advice and advocacy, coaching and financial support available at all times during the Collaborative process. When particularly difficult issues arise during the marital dissolution, the Collaborative team members help keep the process focused on finding a resolution rather than preparing for a potential battle.
In Mediation, there is one “neutral” professional who helps the disputing parties try to settle the issues in their case. The mediator cannot give either party legal advice, and cannot help either side advocate its position. If one side or the other becomes unreasonable or stubborn, lacks negotiating skill, or is emotionally charged, the mediation can become unbalanced. As the mediator works to get the process “unstuck” he or she can be viewed as biased by one side or the other. If the mediator does not find a way to deal with the problem, the mediation can break down or the final agreement can be unfair. If there are attorneys for the parties, they may not be present at the negotiation/mediation sessions and their advice may come too late to be helpful.
Collaborative Divorce and Mediation rely on the voluntary, free exchange of financial information and the commitment to resolve the marital dissolution issues in a manner that reflects the interests of both parties. If the mediation process does not result in a full settlement, the parties may choose to use their respective lawyers in litigation. In Collaborative Divorce, both parties sign an agreement that states that the collaborative lawyers and other profession team members will be disqualified from participating in litigation if the collaborative process is terminated before reaching a marital settlement agreement. Many collaborative professionals believe that when court is no longer an option, a settlement is more likely to be pursued and everyone is motivated to learn the additional skills needed to resolve disputes without resorting to court. Your choice of mediation, collaborative divorce or any other option should be made after you have received and considered appropriate professional advice.
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Is Collaborative Divorce Right For My Family?
No single approach is right for every divorcing couple, and how you will proceed should be discussed with a professional. In contrast to the often destructive and adversarial components of conventional divorce litigation, Collaborative Divorce is the healthiest divorce model because it appropriately addresses all of the emotional, financial and legal dissolution issues and helps clients develop more effective ways of dealing and communicating with one another.
Collaborative Divorce was designed to deal more effectively with divorce issues, while maintaining an absolute commitment to a full marital settlement agreement. Each client receives expert legal advice from a family law attorney, and has the assistance of legal counsel throughout the process as well as input and assistance from collaborative divorce coaches, a neutral financial specialist, and if there are minor children, a child specialist. It is the job of the Collaborative Divorce professionals to work with the clients to insure they remain reasonable, positive and productive.
Collaborative Divorce may be right for your family if you and your spouse:
a. Want an opportunity to receive emotional, financial and legal help to guide you through your divorce.
b. Are concerned about containing the financial and emotional costs of divorce.
c. Have children and want to make certain their needs are addressed during the divorce proceeding.
d. Want to minimize the conflict that often accompanies divorce and are willing to do what is necessary to be successful in this regard.
e. Want a confidential divorce process without adversarial attorneys and without going to court.
f. Are concerned about your post-divorce relationship with each other.
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How Do I Get Started On A Collaborative Divorce?
You can start by sharing this information with your spouse. In order to proceed collaboratively in taking care of the “business” of your divorce, you both need to agree upon the Collaborative process. You and your spouse will each select and meet with a Collaborative Family Law Attorney or you may decide to meet jointly with a trained Collaborative Divorce Coach or neutral Financial Specialist, who will then refer you to our list of Collaborative professionals.
You may contact any Collaborative Professional to get more information about how to begin the process. To find these trained professionals in Arizona, click here
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What If I Have Already Met With An Attorney?
If you have already met with an attorney, ask if that attorney is trained in the Collaborative Process. If not, you can find a list of collaboratively trained attorneys in Arizona on this website by clicking here
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How Can I Interest My Reluctant Spouse In The Collaborative Divorce Process?
Tell your spouse that you want to handle your divorce in a way that avoids unnecessary damage to your family. Tell your spouse that you are interested in the Collaborative Divorce process. Ask your spouse to keep an open mind about Collaborative Divorce as an option for your divorce. For the process to be effective, both of you must want to use it to resolve your divorce issues. Many spouses seem reluctant to consider Collaborative Divorce for the simple fact that he or she has never heard of the collaborative process. Encourage your spouse to learn more and suggest that he or she visit this website and the International Association of Collaborative Professionals website (www.collaborativepractice.com).
Please contact any Collaborative Divorce Professional listed on our Website for more information and additional material that you may provide to your spouse.
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