Collaborative Divorce in Arizona

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Collaborative Divorce in Arizona

Collaborative divorce is a specialized form of divorce that is relatively new to Arizona. It involves a much different process than regular divorce.

Here are some things to know about the collaborative divorce process.

  • Agreement to do collaborative divorce must be voluntary. The court cannot order someone to participate in the collaborative divorce process; rather, both parties must agree to it.
  • Agreement to participate must be in writing and signed by both parties. The Agreement should describe the nature and scope of the matter and identify each party’s collaborative lawyer.
  • In a collaborative divorce proceeding, the parties and their attorneys work together to reach agreements. Most collaborative divorces are handled in sessions where the parties and their attorneys meet together and talk through the issues and see if they can reach agreements. Because they are working together rather than against each other, the parties and their attorneys can craft solutions more easily than they can in litigation or even in mediation.
  • The parties can employ the use of third-party professionals. If necessary, the parties can agree to have professionals, such as accountants, financial advisors, business evaluators, realtors, counselors, etc. to help them figure out one or more of the issues.
  • Collaborative divorce carries a substantial risk: If it doesn’t work out, the parties must start over, and their attorneys must resign. Collaborative divorce is fantastic when parties reach agreements; when they do not reach agreements, the parties have to go through the divorce process again, including starting over with the sharing of documents.

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