Washington Collaborative Law Process For Divorce Resolution

In a divorce or other family law matter, you do not have to choose between going through a long, costly trial and “just giving in” on major points. In many cases, even complex disputes can be resolved in more progressive, cooperative ways.

At Rehmke Andreve, PS, our attorney, Rachel Rolfs, has significant training and interest in two distinct methods for settling family law issues out of court – mediation and collaborative law. If you want to speak with a lawyer about the suitability of these solutions for you, give us a call today.

Settling Disputes Through Collaborative Law

In traditional litigation, the goal is to obtain the best possible agreement for family law matters – such as high-asset divorce – where husbands and wives cannot resolve the matter on their own. However, by taking a case to court, important, long-term decisions are taken out of the hands of the involved parties and given to a disinterested judge.

Rather than leaving key decisions to a judge because the parties cannot agree, collaborative law provides an orderly format of meetings and tasks directed at resolving disputes. Both parties hire their own attorneys and sign an agreement indicating they will work in good faith toward settlement. Then, working as a team, the parties may choose to bring in various professionals – such as divorce coaches, parenting professionals and financial analysts – to offer expertise.

How You Could Benefit From The No-Court Divorce Process

Collaborative law is often effective for people who are open to negotiation and compromise, but also want the counsel of an attorney representing only their interests. If either party decides to take the case to court, both attorneys must withdraw. This provides added incentive for the lawyers to make the process work.

Benefits of the collaborative law process include reduced cost, reduced emotional turmoil and reduced conflict. Further, if child custody and support matters are involved, the children benefit from their parents learning to effectively communicate and work together.

Frequently Asked Questions About Fircrest Collaborative Law

Collaborative law offers families an alternative to traditional litigation, which can ultimately be a faster, less costly and more flexible approach to their legal issues. Here are the answers to some key questions:

Is collaborative law suitable for high-conflict divorces, or is it better for amicable separations?

Collaborative law relies on strong communication, trust and cooperation. Collaborative law works best when both spouses are willing to commit to the process and negotiate every divorce matter, including asset division, child custody and spousal support. That means it works best for amicable situations, but collaborative law can still work for some high-conflict divorces, so long as the couple can focus on their shared goals.

However, if a relationship involves a history of abuse, deception or manipulation, collaborative law may not be appropriate. When you discuss your situation with Rachel Rolfs, she will help you decide if a collaborative approach might be useful.

What qualifications should I look for in a collaborative law attorney?

A collaborative law attorney should have extensive collaborative legal training, a significant amount of relevant experience and good communication skills. An attorney needs a lot of “people skills” and high emotional intelligence to be effective as they manage the emotions that tend to come up in family law situations.

What happens if we reach an impasse during the collaborative law process?

Sometimes, discussions stall. That doesn’t necessarily mean the collaborative process has failed. It may be effective to simply take a temporary pause in negotiations, consult with neutral professionals, such as child development specialists or financial advisers, who might give insight into whatever issue is a sticking point, and try again.

If you still cannot reach an agreement, the process ends. Both collaborative attorneys must withdraw, and each party has to hire a new attorney before they go to litigation. The work done in collaboration, however, can help streamline the litigation phase, since much of the prep work will already be finished.

Take Action Today

To consult with Rachel Rolfs about collaborative divorce with dignity, please call 253-642-4541 or contact our office online.