Collaborative Law
The Harding Firm is one of integrity
When it comes to dissolving a marriage, there are three ways to proceed: litigation, mediation, or collaboration. Collaborative divorces occur more and more frequently as families strive to create balance in their changing family dynamic. In this scenario, the parties agree to avoid the courtroom and seek to resolve issues together rather than fight through the legal system. Collaborative law is similar to traditional family law in that the goal is to have finality and stability for the family, but the way that stability is achieved is significantly different.
Collaborative Law 101
Typically speaking, when a couple chooses the path of collaborative law, they are doing it in an effort end their dissolution in the least destructive way possible. A team of professionals are assembled to guide the family through a burdensome transition. The team could include attorneys, mediators, financial advisors, and professional counselors. These individuals work together to assist the family through multiple financial and logistical issues while having any emotional support needed. And statistics show this approach works; more than 90% of collaborative divorce cases settle out of court.
Collaborative Law
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The Role of Attorneys in a Collaborative Divorce
Although collaborative divorce cases do not go to court, they do move toward dissolution of the marriage with a legal professional to protect your interests. Attorneys who practice collaborative divorce have the experience to advise about future legal ramifications of the parties’ actions. If you are considering a collaborative divorce, both parties will need individual representation. If you are considering a dissolution and would like to use only one attorney, perhaps mediation would be the appropriate remedy for you and your spouse.
When to Choose a Collaborative Divorce
Although all families may desire a smooth transition from marriage to divorce, a collaborative law process does not work for everyone. When the parties communicate well—or at least are willing to work together—there is a better chance collaboration will be effective. Both parties have to commit to focus on what is best for the children and avoid emotional sabotage as much as possible during the process. Of course, if there is domestic violence in the family, it is less likely that a collaborative divorce is the best option for the parties.
What to Expect with Collaborative Law
Once you determine that a collaborative divorce is the best choice for your family, both you and your spouse will choose divorce attorneys who are skilled in the process. You’ll meet individually with your attorneys first, followed by a series of meetings with all involved parties. During these collaborative meetings, you and your spouse—with the help of your attorneys—will outline what your family dynamic will look like post-divorce. You will address all of the standard components: division of assets and debt, child custody, child support, and spousal support. Once you come to a final agreement, your attorneys will file the appropriate paperwork with the courts.
If the parties are unable to come to a positive conclusion through a collaborative approach and choose to go to court, they will need to seek different counsel. Collaborative divorce attorneys sign an agreement that, should the case go to court, they will not represent the parties.
“I would say that choosing her as my counsel during this period of my life was the difference between bringing my family back together, and watching it all fall apart.”
Divorce
As your family and best divorce lawyer in Gilbert AZ, we focus on ending your marriage as efficiently as possible while protecting what you value most. Trust our focused, principled attorney to help get you through this tough time, with your best interest in mind. Call us today at 480-442-4142.
Child Custody
Protect your children during and following your divorce by ensuring they receive the emotional, physical, and fiscal support they need. We help during divorce and with post-divorce issues. Contact us today.
Collaborative Law
When a divorce is amicable, one way to avoid the courtroom is through collaborative law, which allows you and your spouse to work together on next steps for your family. Call us today at 480-442-4142.
Testimonials
What others think of The Harding Firm speaks volumes, much more so than we can share ourselves. Read what past clients have appreciated about working with us here.
