In collaborative law, both parties sign an agreement to resolve the matter together. Each spouse hires an attorney trained in this process, and as part of the agreement, the parties affirm their mutual resolution not to use the court or threaten court action. If either party violates the terms of the agreement, then both attorneys must withdraw. This system also has pros and cons. If the parties are dedicated to resolving their issues, this method may be very effective as it takes the court process entirely off the table. Attorneys are free to aid in coming up with solutions, rather than out-performing or out-strategizing the opponent. On the other hand, should a party withdraw, the cost can be high to secure new counsel and get them up to speed on the case.
RESOURCES
Essential resources to help you
Through our many years of combined practice, we have come across a number of resources you may find helpful in your matter. Nothing below should be considered legal advice. For advice specific to your situation please contact us for a consultation.
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Q&A
Frequently Asked Questions
YLegal matters are complicated, we are at the ready to help you. Here are some commonly asked questions we have answered with general information not intended to replace legal advice. For advice tailored to your specific needs please contact us for a consultation.
What is collaborative law?
What is divorce mediation?
Mediation is a method of alternative dispute resolution in which the parties engage in voluntary decision-making facilitated by an impartial third party, which aids in communication and negotiation. The mediator supports the parties’ own decision-making process. Mediators assist in this capacity through communication training, utilizing active listening, reframing, coaching, summarizing, and clarifying. The mediator facilitates communication but has no legal power to compel or enforce a decision.
Is a divorce trial necessary?
No. In fact, most cases settle before going to trial. Before moving to the courtroom, the parties may first attempt to resolve the conflict themselves, either alone or with the aid of legal counsel. If they are unable to resolve the dispute, they often seek additional support from a mediator. Very often, after the parties attend mediation, the parties are able to resolve their issues. In the event the parties do not reach an agreement, they proceed to trial.
How will divorce impact my children?
Divorce impacts children differently. Some of the more common behaviors exhibited by children during their parents’ divorce include acting out, withdrawal, depression, or assuming a parental role. Many children are furious at their parents (or one of their parents) about the divorce and could benefit from a safe place to voice that anger.
What does the court consider when determining who gets to make decisions for the children?
Generally, both parties may make day-to-day decisions during their residential time. For larger decisions, such as non-emergency medical care, allowing the child to get a tattoo, or what school or extracurricular activities they shall attend, the court may split decision-making authority or allow one party sole ability to make decisions in a particular area. The family law court considers several factors in granting decision-making authority. They are:
Is there anything different I will need to do during my divorce if I am a parent?
Yes. In addition to calculating child support and establishing a parenting plan, you will also need to attend the required Parent Education and Family Stabilization Course at the court where you have filed for divorce. You do not have to attend the same class your spouse does, and your children should not be present. To sign up for the class, you may find information on the court’s website in your area.
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RESOURCES
Free or Reduced Cost Legal Assistance
Columbia Legal Services (CLR) is a nonprofit law firm that protects and defends the legal and human rights of low-income people.
Offered the 2nd Wednesday of every month from 5:30 to 7:00 p.m. in the King County Law Library, which is located on the 6th Floor of the King County Courthouse in downtown Seattle. The class is FREE. No pre-registration is needed.
The Family Law Mentor Program provides direct representation when the children are at risk because of domestic violence, child abuse/neglect, or alcohol/drug abuse.
Eastside Legal Assistance Program
East and north King County residents only. Free 30-minute consultation with a volunteer attorney for legal advice.
Family Law Support Division – King County Prosecuting Attorney
Assistance with paternity actions for people who do not have an affidavit/acknowledgement of paternity, and reviewing child support orders for those who have received, or are receiving, public assistance.
Hague Convention on the Civil Aspects of International Child Abduction
The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is a multilateral treaty, which seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return.
King County Bar Association Neighborhood Legal Clinics
Free, 30-minute consultation with a volunteer attorney. Legal advice only (no legal representation).
King County Bar Association: Self-Help Program
Workshops on divorce, child support modification, and parenting plan modification for a sliding scale fee, depending on income. Class includes preparation of pleadings, class instruction, and consultation with an attorney manager. King County residents only.
King County Family Law Facilitators
The Family Law Facilitator Program at King County Superior Court provides information and referrals to family law litigants who are not represented by attorneys.
Legal information, referrals, and self-help legal materials.
Provides free civil (non-criminal) legal services to low-income residents of King County. Interpreters are provided to those who do not speak English or who are hearing impaired. Help is available in the following areas: family law (for domestic violence survivors), housing law, consumer law, education, public benefits, and in some limited circumstances, immigration. Please note that case acceptance is dependent on office priorities, staff availability, and the merit of each case. Services, especially representation by an attorney, may not be available even if all case criteria are met. The following organizations provide free or reduced cost legal assistance.
Washington DSHS – Division of Child Support
Information on administrative child support orders and court orders of child support.
Hundreds of free legal education materials available for viewing and downloading.