Isn’t Collaborative Practice the Same as Mediation?

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No. The dynamic in mediation is entirely different from Collaborative Practice. While collaborative practitioners are trained in meditative techniques, it is very rare that clients in mediation have their advocates in the room with their mediators. Mediators are neutral and typically do not give legal “adviceâ€. The mediator represents neither party, yet the parties are often encouraged to seek legal advice … Read More

How Does the Cost of Collaborative Divorce Compare with the Cost of Litigation?

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Traditional court based divorce is often the most costly way to resolve a dispute,both emotionally and financially. It is common for traditional divorces to begin with a motion for temporary support. The result is a temporary court order rather than a final agreement on the issue. The court based divorce can last for a year or more, is not confidential, … Read More

A Rational Approach to Spousal Maintenance, Part Three: How Much is Paid?

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A RATIONAL APPROACH TO SPOUSAL MAINTENANCE, PART THREE: HOW LONG IS IT PAID? Once it is determined that spousal maintenance will be paid, the duration of the payments, along with the amount paid, must be agreed upon. The duration of the payments is subjective and driven by the facts of the particular case. Once again, the Arizona spousal maintenance statute … Read More

A Rational Approach to Spousal Maintenance, Part Two: How Much is Paid?

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As with the determination whether spousal maintenance is to be actually paid, if the answer is yes, clear guidance on how much the payment should be finds little aid in the Arizona spousal maintenance statute. Generally, the statute states that the criteria to be taken into consideration in determining how much spousal maintenance is paid are: a) the standard of … Read More

A Rational Approach to Spousal Maintenance, Part One: Yes or No?

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The first step, albeit a sometimes inconclusive one, in analyzing whether a party meets the requirements for an award of spousal maintenance is to review Arizona Revised Statute 25-319.  This review will find that the standards in Arizona for paying/receiving spousal maintenance are broad and non-specific with respect to each individual case.  A summary of the statute discloses that if … Read More