Collaborative Divorce Process in Arizona

Ending a marriage in Arizona can be emotional, time-consuming, and expensive. Critical divorce issues like child support and custody, asset division, and alimony often involve adversarial negotiations. But, not all divorces are confrontational. More divorcing couples are opting for less confrontational out-of-court alternatives to traditional court proceedings, including collaborative divorce.

Unlike the traditional court process, collaborative divorce emphasizes cooperation and mutual respect. It is ideal for couples who want to maintain a good relationship post-divorce, especially if they have children together. However, the divorce approach is not without challenges. It is advisable to seek the help of a skilled Tucson divorce attorney to help you navigate the divorce process, including its challenges and benefits.

 What is Collaborative Divorce?

A collaborative divorce is a legal process that lets couples resolve their divorce issues without going to court. The divorce alternative helps couples agree on potentially contentious divorce issues like child support and custody, asset division, and spousal support. Collaborative divorce appeals to many couples as it prioritizes open communication, honesty, and solutions that benefit both parties.

Some of the key principles of a collaborative divorce include a focus on problem-solving rather than blame, mutual respect, and tailoring agreements to the family’s unique needs. Collaborative divorce often involves a combination of mediation and negotiation to help divorcing couples reach an agreement. The process can include several professionals, including lawyers, financial advisors, and counselors.

The Collaborative Divorce Process

Step 1: Agree on collaborative divorce. The first step involves a discussion between the divorcing couple to ensure both parties are willing to participate in a collaborative process. There can’t be a collaborative divorce if one party is unwilling to participate in the process.

Step 2: Get an attorney and sign a participation agreement. The next step involves each spouse hiring a lawyer. Both parties and their attorneys then sign a legally binding agreement committing to the collaborative process.

While the attorneys represent the respective interests of their clients, both parties and their respective attorneys agree not to litigate. Even where the process fails, the attorneys cannot represent the parties in court and the divorcing couple must find new lawyers.

Step 3: Get a Collaborative Team. Besides the attorneys, they must assemble a team of professionals to help with the various aspects of the divorce, including a financial expert, a child specialist, and a divorce coach. The attorneys provide legal guidance and help ensure compliance with Arizona family laws.

A financial specialist assists with issues like property division, tax implications, and post-divorce financial planning. A divorce coach or a therapist can help to manage communication and emotional challenges. A child specialist can help divorcing parents manage child-related issues, including custody and support.

Step 4: Goal setting. The couple with the help of the experts then identify their objectives for the collaborative process. For instance, the couple’s goal for the process can be to protect their children’s well-being or divide assets equitably. The couple and the professional team will continue revisiting these goals and priorities in subsequent meetings.

Step 5: Negotiations. The next step involves the couple and their team having a series of structured meetings to negotiate and resolve divorce issues. The negotiations must be transparent, including both parties providing all necessary information, especially on assets and debts. The goal of the negotiations is to find mutually beneficial solutions.
Step 6: Final Agreement. Once the couple and their team resolve all issues, the attorneys draft a settlement agreement. The divorcing couple then submits the settlement agreement to the court for review and approval. The court’s approval completes the collaborative divorce process.

Benefits of Collaborative Divorce

1. Collaborative divorce helps keep sensitive family matters private and confidential, unlike public court proceedings.
2. Depending on the divorce issues, collaborative divorce often costs less than the prolonged traditional court process.
3. The collaborative process reduces emotional stress as it is less confrontational. This is beneficial for creating a good post-divorce relationship, especially where children are involved.
4. The process helps couples retain more control over the divorce outcomes, including allowing them to tailor solutions to their family’s unique needs.
5. The structured nature of the collaborative process often makes dispute resolution quicker than in a court trial.

Despite its numerous benefits, collaborative divorce is not without some challenges. For instance, there may be additional costs if the process fails as the divorcing couple must hire new attorneys for the court process. It can also be difficult or take long to get a settlement in high conflict cases.

Who Qualifies for Collaborative Divorce?

Collaborative divorce provides a cost-effective and stress-free method of resolving divorce issues, especially for a couple who want to prioritize their children’s wellbeing. However, the process may not be suitable in some divorce situations or for some divorcing couples. For instance, collaborative divorce is not suitable where the divorcing couple has a history of domestic violence.

In cases involving domestic violence, the abused spouse may be fearful and unable to negotiate with their abuser for a fair settlement. The power imbalance hinders open and free discussions. The process may also be unsuitable where there is high conflict in the family. Where there are high emotions or conflict, the couple may be unable to set aside their differences and work together.

Contact a Tucson Collaborative Divorce Attorney

While the collaborative divorce process is not as adversarial or stressful as the traditional court process, it often involves cases requiring legal, financial, and emotional expertise. Some situations are also a bad fit for the process. Essentially, it can be hard to navigate a collaborative divorce without legal support and guidance. It is therefore advisable to seek the help of a skilled family law attorney.

If you are in Tucson, AZ, contact our skilled and experienced collaborative divorce attorneys at Liberty Audette and Associates. Besides ensuring compliance with Arizona laws, we will guide you through the often complex process, including helping you assemble a team of professionals. We will also help protect your rights to a fair divorce settlement. Contact us today to schedule a consultation and learn more about our family law services.