At DeShon Laraye Pullen PLC, we know that the way in which a divorce decree is reached can have a significant impact upon how the parties will interact in the future. The collaborative divorce process fosters cooperation, empowerment and efficient negotiation. Furthermore, in a collaborative divorce, every option can be fully explored and the best interests of all parties satisfied.
Are you interested in reaching a divorce decree through collaboration with your soon-to-be ex-spouse? Give us a call at 602-626-9552 or 800-409-0262 to schedule a time to speak with one of our lawyers. You may also email us and someone will be in touch with you promptly.
How Does A Collaborative Divorce Work?
In the collaborative process, you and the other party will each have an attorney. The entire “collaborative team” will sign a participation agreement stating that you will attempt to reach a settlement collaboratively. The agreement also states that if you reach an impasse, your attorneys cannot represent you in any subsequent litigation. You commit to resolving issues honestly and equitably.
The collaborative divorce process does not take place in a courtroom. Rather, together with your attorneys, you participate in private sessions. In these sessions, decisions will be reached regarding:
Rules For Collaborative Family Law
Collaborative law is a non-adversarial process that can enable divorcing couples to resolve issues out of court. It can reduce the emotional stress that accompanies divorce, keep legal costs reasonable and enable each party to focus on the future rather than on the past.
Some of the basic ground rules for the collaborative law process include the following:
Each party must commit to the process — The parties agree to approach the process in a cooperative way, and to freely express their concerns.
Each party has legal counsel — The attorneys for the parties participate in all sessions and provide advice when needed.
Free and open discussion — The parties and their attorneys meet in one or more sessions to discuss their differences and possible solutions. The goal will be to develop mutually acceptable solutions that can meet their needs and those of their children.
Outside specialists can participate — Other professionals with expertise in disciplines such as coaching, accounting and/or child psychology can be retained to provide insights and guidance.
Win-win outcomes are possible — Unlike litigation, or negotiation when one side holds an inherent advantage, collaborative law can produce outcomes that enable both parties to move forward without bitterness or resentment.
If the parties cannot reach an agreement — The process will stop and litigation will ensue. The lawyers who participate in the collaborative law process cannot represent their respective clients in subsequent litigation, and each party must obtain different attorney.
Collaborative law can provide many benefits, particularly in matters involving child custody/legal decision-making, visitation and parenting time. However, collaborative law is not appropriate in every case. DeShon Pullen can review your situation and recommend your best course of action.
It is important to note that while you will be represented by any attorney, you will ultimately be in control of the decisions. This approach generally results in amicable relationships with the other parent, a bonus, when children are involved. You also walk away from the process knowing that you have had a say in your future.
A collaborative divorce may not fit everyone’s needs. For some, mediation is another viable alternative. For others, a more traditional divorce process is required. DeShon Laraye Pullen PLC has the ability to handle your divorce in the manner that suits your exact needs. Contact us today to arrange your initial consultation.