Akiona Law, PLLC Everett Family Law & Divorce Attorney | Snohomish County WA2024-03-22T15:00:15Zhttps://www.akionalaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604441/2021/05/cropped-favicon-32x32.jpgOn Behalf of Akiona Law, PLLChttps://www.akionalaw.com/?p=523082024-03-12T15:49:22Z2024-03-12T15:49:22Z]]>On Behalf of Akiona Law, PLLChttps://www.akionalaw.com/?p=523022024-03-19T18:36:39Z2024-02-27T16:22:15ZThe key elements of collaborative divorce
In collaborative divorce, spouses formally agree to settle differences outside of court. However, each side still brings its own legal resources to the matter. The goal is to negotiate an agreement that satisfies both parties while preserving privacy.
This process involves multiple meetings where couples discuss their concerns openly and work together to reach a resolution. Other professionals may come in to provide input, including therapists and parenting coaches.
Collaborative divorce emphasizes teamwork, honesty and respect. The process can move faster than a contested divorce, especially if the couple can reach negotiations quickly. However, disagreements can prolong the process.
How mediation works
On the other hand, mediation proceedings involve a neutral third party instead of a judge. This individual guides the couple through discussions to help them come to an agreement. The mediator facilitates communication and helps identify issues but does not provide legal advice or make decisions.
This process can be more cost-effective and less time-consuming than even collaborative divorce. It tends to put less focus on legalities and concentrates on empowering the spouses to cooperate for an outcome.
Considerations for deciding between the two methods
Since mediation tends to be faster and cost less than a collaborative divorce, couples might consider it to be the ideal choice. This may be true, particularly when the pair does not have difficulty communicating openly and matters are relatively straightforward.
However, if a couple has complex business, family or legal issues to navigate, collaborative divorce could be more suitable. Investing in the additional time and input from professionals can ensure a mutually beneficial outcome. Collaborative divorce can also be preferable when the potential for high emotional conflict exists.
While both collaborative divorce and mediation offer alternatives to traditional litigation, they differ in their approach, duration and cost. Each method has its advantages, and understanding their differences can help couples choose the method that suits their needs and preferences when navigating the divorce process.]]>On Behalf of Akiona Law, PLLChttps://www.akionalaw.com/?p=522992024-02-22T22:17:58Z2024-02-22T22:17:58Z]]>On Behalf of Akiona Law, PLLChttps://www.akionalaw.com/?p=521822024-01-25T15:52:54Z2024-01-25T15:52:08Z]]>On Behalf of Akiona Law, PLLChttps://www.akionalaw.com/?p=521472024-03-19T18:37:49Z2023-12-07T19:51:37ZTeamwork from the start
In a collaborative divorce, each spouse works with a team of professionals, including financial advisors and facilitators. This team supports the couple in making decisions about property, finances and child custody. By working together, everyone contributes to finding solutions that meet the needs of both parties.
Open communication
One key aspect of collaborative divorce is open communication. The couple and their team meet face-to-face to discuss important matters. This direct dialogue fosters understanding and helps prevent misunderstandings that can arise in traditional divorce proceedings.
Focus on the future
Rather than dwelling on past conflicts, a collaborative divorce emphasizes planning for the future. The team helps the couple create a roadmap for their post-divorce lives, addressing issues such as parenting arrangements and financial stability. This forward-looking approach can ease the emotional strain associated with divorce.
Reduced stress and cost
Because collaborative divorce avoids court battles, it often results in less stress and lower costs. The focus on cooperation can lead to quicker resolutions, saving both time and money compared to traditional divorce proceedings.
Tailored solutions
Collaborative divorce recognizes that every couple is unique. The team works together to tailor solutions that fit the specific needs and circumstances of the individuals involved. This personalized approach can result in more satisfactory outcomes for both parties.
With a divorce rate of 2.9 divorces per 1,000 population in 2021, many couples in Washington know the right move is to move on. Although challenging, collaborative divorce offers couples a respectful and efficient way to navigate the process.]]>On Behalf of Akiona Law, PLLChttps://www.akionalaw.com/?p=521482023-12-26T14:38:05Z2023-11-24T22:15:40Z]]>On Behalf of Akiona Law, PLLChttps://www.akionalaw.com/?p=521492023-12-26T14:38:10Z2023-11-04T21:14:05Z]]>On Behalf of Akiona Law, PLLChttps://www.akionalaw.com/?p=519882023-12-26T14:38:15Z2023-10-09T17:18:17ZJonas's approach
The public relations team for Jonas began spinning the story from the beginning, shaping it by releasing negative stories about Turner. They released reports of her partying too much and not being a good parent. This approach did not sit well with the public who felt Jonas was trying to smear his soon-to-be former wife.
Turner's approach
Turner, on the other hand, kept it out of the media. Her PR team never responded to the stories Jonas's PR team released. Instead, Turner used the courts, filing legal petitions. She maintained her silence in the media.
Why it matters
So, what is the important lesson to learn from this divorce for the average person? It is about how you approach the public airing of your private matter.
While it is natural to be mindful of how others perceive your divorce, prioritizing your own well-being and the best interests of your children should take precedence. Maintaining a level of discretion and dignity in managing the situation can help reduce unnecessary gossip or judgment. Ultimately, the focus should be on finding resolution, emotional healing and moving forward rather than allowing public perception to dictate the course of your personal life.
Joe Jonas and Sophie Turner took very different approaches to their divorce. Jonas went on the defensive while Turner maintained her privacy. Average couples who are going through this same process can take note that it is often best to keep your private affairs out of the public spotlight.]]>On Behalf of Akiona Law, PLLChttps://www.akionalaw.com/?p=519812024-03-19T18:39:22Z2023-09-01T14:37:43ZDivorce can be emotionally challenging, but remember it doesn’t need to be a battleground. Collaborative divorce is a process that grew out of the desire to have a more peaceful and cooperative approach to dissolving a marriage. One of the reasons why they are so effective is because of the third-party neutrals. These are the people who, in addition to legal counsel, will help you navigate the divorce process with empathy and understanding. They know where the finish line is and will pick you up when you fall. In this blog, we will discuss who these third-party neutrals are and how these professionals make invaluable contributions to the collaborative divorce process.
The Basics of Collaborative Divorce: Though we have previously written blogs about collaborative divorce, we want to give you a quick, basic rundown of what they are. Collaborative divorce is a form of dispute resolution where couples work together, outside of court, to reach mutually beneficial agreements regarding the dissolution of their marriage. The attorneys sign documentation to stay out of court. If the process requires parties to go to court, then both spouses will need to find new lawyers. Without the threat of litigation, everyone involved can engage in open communication guided by respect and a shared commitment to resolving each issue. The Role of Third-Party NeutralsThe financial neutral/financial specialist (they can be referred to as either term) helps couples navigate the financial issues that arise during the process. They can provide a detailed and comprehensive analysis of the couple’s financial situation. This is critical for a fair asset division, debt allocation, and even calculating support. Having a financial neutral gives you peace of mind knowing you will have transparency and financial clarity. The divorce coach can be the parties’ emotional translator or provide emotional support. They are there to facilitate effective communication. Many of your discussions will be difficult—especially if they involve your children. Even those committed to divorcing peacefully and respectfully can fall victim to becoming angry and defensive. The divorce coach manages emotions, reduces conflict, and fosters productive conversations. When you and your spouse can speak to one another in this way, you can work through your disagreements while laying the foundation for long-term cooperation. Unfortunately, more often than not, children get pulled into a divorce. It is critical someone is there to understand the child’s needs, concerns, and wishes. This is why the collaborative divorce process includes a child specialist. Child specialists incorporate the child’s insights into the decision-making process. They guide the parents to create a parenting plan, custody arrangement, and/or visitation schedule that is genuinely based on what the child wants. And not what a parent thinks it should be. Child specialists ensure you are prioritizing your child’s best interests.A child specialist is an excellent resource to give your children a voice during a divorce or legal separation.Choose the Holistic Approach Collaborative divorce combines couples with third-party neutrals and legal counsel to address the divorce process's legal, emotional, and financial components. To learn more about our firm or collaborative divorce, contact our office today to schedule your consultation. We want to be an integral part that assists you with minimizing conflict while also helping you to transition into the next chapter of your life. ]]>On Behalf of Akiona Law, PLLChttps://www.akionalaw.com/?p=519782024-03-19T18:42:24Z2023-07-31T22:03:46ZAlthough divorce or the ending of a committed intimate relationship can be tumultuous and filled with uncertainty, the pathway can be peaceful instead of combative. Collaborative Divorce (also known as Collaborative Law), is an alternative to the adversarial nature of a divorce and the court process itself. Collaborative Law is a dispute resolution process, which has been around for the past three decades (since 1989). It involves a commitment by the parties and their lawyers to settle the divorce without going to court. As part of this commitment, parties and the Collaborative Divorce lawyers sign an Agreement saying they will be honest and transparent with one another, work together to identify interests and needs of both parties, and work together to resolve conflicts and create solutions. To sum it up, Collaborative Divorce promotes cooperation, communication, and problem-solving instead of the typical aggressive, accusatory, and hostile approach often associated with divorce. In this blog, we will look at how couples navigate a common challenge (dividing an asset) through a traditional divorce, and then through a collaborative divorce. Let’s dive into the transformative powers of the Collaborative Law process and the positive outcomes it can bring during one of life’s most difficult transitions. Dividing AssetsBefore providing you with a made-up but common scenario, let’s establish a difference between community and separate property. Community property is assets, property, and/or debts acquired during marriage. When a marriage is ending, the court must determine how to fairly and equitably divide the community property. Separate property is assets, property, and/or debts acquired before marriage. When a marriage ends, generally the court does not divide separate property. Although, exceptions exist. For example, the court can divide separate property depending on several factors, such as, length of the marriage, is there enough community property to achieve a fair and equitable division, or did separate property become commingled with community property? Separate property becomes comingled with community property when the separate property origins, ownership, and movement cannot be shown through the use of a paper trail (known as “tracing”). A common example of commingling is when a person transfers monies from their separate property bank account to the joint or community bank account. If the bank statements, deposit, and/or transfer receipts aren’t kept, then separate property funds have become commingled with community property funds and are divided by the court. Keeping separate and community property in mind, let’s look at the following example: one spouse (let’s say husband) has an automobile collection worth about $20,000. The cars were purchased before marriage, but the husband used $20,000 in community funds to fix them up. Now, the automobile collection is worth $60,000. In a traditional divorce, the wife’s lawyer could tell the wife the entire value of the automobile collection ($60,000) is divided between the parties (due to comingling). Or, at the very least, husband needs to reimburse the marital community the $20,000 he used in community funds to fix up his separate property asset. The fight over the asset may be inadvertently driven by the attorneys as each spouse’s attorney is pushing for what they think is fair and equitable for their client. Instead, of what is their client’s true desires, needs, and wants.In a collaborative divorce, the couple make the decision about how their assets and debts are divided, not their lawyers. Their lawyers are present, but the lawyer’s role is not to fight for how the lawyers think the asset should be divided. Instead, the lawyers facilitate communication and help identify what is their client’s desires, needs, and wants. They work together with the couple to problem solve and figure out a joint solution that both parties are happy with. The wife may say she is not interested in husband’s automobile collection, and she doesn’t care about their value or the community funds used to fix them up. She knows it’s husband’s passion, and she doesn’t want to take it away from him in any way. If this same issue went to court, the couple would most likely spend tens of thousands in attorney’s fees fighting. They may even spend more money fighting about the asset than what it’s worth. Unfortunately, this type of “lose-lose” scenario often happens in a traditional divorce. In a collaborative divorce, the couple and their lawyers work together towards a mutual solution considering each person’s understanding of the other’s needs, desires, and wants. A collaborative divorce brings everyone together for a “win-win” scenario. Is Collaborative Divorce Right For You? If you and your partner have a desire to preserve a friendly relationship with one another; if you can find solutions through respectful, honest, and meaningful dialogue and by working together; if you both want to protect your children from the anger, fear, stress and chaos associated with divorce court; and if you both want control over how your property and assets are divided (instead of having the court decide for you), then consider a collaborative divorce. Remember, one of the key components of Collaborative Divorce is both parties agree they will not go to court. When the threat of fighting in court is removed, open and honest communication can begin. To learn more about our collaborative divorce services, contact Akiona Law, PLLC, to schedule your consultation. ]]>