What is the Arizona Collaborative Divorce Process Used In? : Part 2

This article is the second part of an article exploring the collaborative divorce process in Arizona using the full team approach.  Arizona Collaborative Divorce Process - Part 1 3. Child Specialist. The parties jointly retain a mental health professional to act as a child specialist. The child specialist acts as a neutral representative of the children’s needs. This professional has training to work with children and family going through divorces. If the children are old enough, the … [Read more...]

What is the Collaborative Divorce Process Used in Arizona : Part 1

A. Generally. Collaborative divorce is a method of resolving a family law issue through cooperative means with an agreement to not litigate the case and to disclose information voluntarily. If the parties later choose to litigate, they cannot not use the same professionals they used in the collaborative process. While the term “collaborative divorce” is used, the process can be used for a number of family issues, including post-decree matters, paternity matters and guardianships. B. What Is … [Read more...]

Role of an Arizona Attorney in the Collaborative Divorce Process : Part 2

This article is the second part of an article exploring the Arizona attorney’s role in the collaborative process and various ethical problems that arise.  The first part of this article Collaborative Divorce Process AZ. 3.    Ethical Question:  Doesn’t an attorney have to zealously represent his/her client? The Arizona Supreme Court removed the obligation to zealously represent client in 2003.  Attorneys now just have a duty to act honorably.  Pursuant to Ethical Rule 1.3:   “A lawyer shall … [Read more...]

Role of an Arizona Attorney in the Collaborative Divorce Process and Ethical Considerations : Part 1

In the collaborative process, a separate collaborative lawyer is retained by each party. This lawyer must be licensed to practice law. The attorney has a unique challenge in the collaborative process. Attorneys generally have the litigation process and posturing engrained in their way of being. In the collaborative process, attorneys have to learn to advocate collaboratively. They have to represent their clients in a way that is consistent with the collaborative process and goals. A … [Read more...]

When is Collaborative Law the Best Option for my Arizona Divorce?

A. What is Collaborative Divorce Law? Collaborative law is a method of resolving disputes without litigation. The parties agree to stop, delay or avoid litigation and hire professionals trained in collaborative law to negotiate settlement. The parties may just hire their own collaboratively trained divorce attorneys or other professionals as well. Financial experts and child specialists (where children are at issue) are jointly retained. The parties agree not to go to Court, agree to … [Read more...]

Arizona Collaborative Divorce : What is it?

What is Collaborative Law? A. Definition The International Academy of Collaborative Professionals (IACP) defines Collaborative Practice as: “A dispute resolution practice in which: settlement-by-agreement is intentionally pursued as the positive outcome of legal representation; cooperative practices replace adversarial techniques and litigation; and the parties actively participate in all negotiations necessary for resolution.” B. History of Collaborative Divorce The Collaborative … [Read more...]

Is Collaborative Divorce the best way for me to Resolve my AZ Divorce?

Collaborative divorce in Arizona is a more peaceful method of resolving your divorce (and other family law matters).  In collaborative divorce, the parties agreed to forgo litigation and the acrimony that comes with it.  Both parties still have attorneys, but they are attorneys who are trained in the collaborative practice who work with other team members to help the parties resolve their disputes.  The team members include: •    A coach for each party.  A coach supports the party and helps … [Read more...]

Arizona Collaborative Divorce

There are options other than slugging it out in court if you are getting a divorce in Arizona.   Some other options include Mediation and Collaborative Divorce.  This article will only focus on the Collaborative option for getting divorced.  With Collaborative Divorce, the main focus is to settle all issue of a divorce (such as custody, child support, spousal maintenance and the division of property and debts) collaboratively and without going to court. The concept is to work together as a team … [Read more...]

Alona M. Gottfried, Esq.
8160 E Butherus Dr, Suite #7 Scottsdale, AZ 85260
Phone: (480) 776-8271