Too often, the divorce process is wrought with stress, anger, and hostility.

Too often, statements made in hurt and anger wind up in court documents—and can never be taken back.

Too often, so much money, time, and energy are wasted on hearings and trials that both parties feel as though they have lost.

And, too often, these “wars” involve minor children, who become the true victims.

It doesn’t have to be that way. Collaborative law provides a solution.

What is Collaborative Law?

Collaborative law gives you a better option than hostile lawyers, cold communications, and expensive multiple court appearances.

With collaborative law, instead of arguing all the way through your separation or divorce, you’ll work within a set of guidelines to reach resolutions that benefit everyone.
In this system, each of you is represented by a trained collaborative-law attorney, whom you’ll meet with several times to identify key issues in your dissolution.

And, often, a neutral mental-health professional (or “coach”) works with both of you to address underlying emotional tensions, help build communication skills, and define your new roles as co-parents.

Better for Children

When children are involved in a divorce, collaborative law is an excellent course of action.

Although you’ll no longer be husband and wife, you’ll always be parents. With the friendlier, work-together strategy of collaborative law, the dissolution process is simpler and more straightforward, reducing the stress in both households.

This gentler approach also sets the stage for a good future relationship between the parents.

Because you’ll work with your attorneys to develop a parenting plan that’s in the best interests of your children, there’s no looming cloud of resentment throughout the process. And when you tackle the dissolution together, you’re building a shared desire for your children to come through it undamaged.

This common focus while finalizing your divorce will make it easier to attend children’s events together. With the same goals in mind, you can even choose a mental-health professional to provide guidance for the entire family.

Result: Satisfaction

Although it takes commitment to attend the series of meetings, and it may seem difficult to work through the emotional issues, when you reach a final dissolution agreement through collaborative law you’ll find that it’s been worth it.

In the end, both of you will feel good about the work you’ve done. After all, our goal is for you to be satisfied with the outcome of your collaborative experience.

Laurie Robertson, Attorney at Law

At Lutz Law Offices, our trained collaborative law attorney is Laurie Robertson.

Ms. Robertson, who trained with one of the foremost authorities in collaborative law, Pauline H. Tessler, is also a member of the Collaborative Law Professionals of Pierce County and the International Academy of Collaborative Professionals (IACP).

We would be happy to schedule an appointment for you—just contact either our Puyallup or our Federal Way office.

More Information

For more information about collaborative law, see the IACP website (www.collaborativepractice.com).

Or, take a look at the one of the ground-breaking resources for collaborative dissolutions: Collaborative Divorce: The Revolutionary New Way to Restructure Your Family, Resolve Legal Issues and Move on with Your Life (Pauline H. Tesler and Peggy Thompson).

“Help – I don’t have all the documents I need for my case!”

It’s actually a common problem, since documents often provide the platform for litigation. And that’s why LLO attorneys can work with you to obtain the critical paperwork for your family law action.

Washington State Law

Under Washington law, parties involved in a case can use the discovery process to obtain important documents from each other, or from alternate sources. LLO attorneys can even subpoena businesses, or request copies of physical or mental exams. The bottom line is that LLO attorneys will identify the papers you’ll need to prepare for court, and they’ll tailor your requests to your case.

What are Interrogatories?

The discovery process can also be used to obtain information through interrogatories, or key questions posed to the other party. Working with their clients, LLO attorneys develop interrogatories by focusing on specific areas in each case. In some instances, though, a party who fails to provide answers or documents might be sanctioned. So LLO attorneys can also assist you in responding to interrogatories and other requests for information.

Deposition Preparation Cannot be Ignored

Another means of obtaining information is through a deposition, or when a person answers questions under oath while being recorded by a court reporter. The transcript is often used in trial preparation, and can be helpful in settlement negotiations. If a deposition is requested of you, preparation is important, and LLO attorneys will walk you through the procedure.

What’s E-Discovery?

With the expanded use of the internet and social networking sites, e-discovery is another key investigational tool. As most people are aware, personal information is often easily found on the internet and can be used for a variety of purposes, including your family case. Through e-discovery, important facts that might change the outcome of litigation sometimes come to light, including photos that rebut claims by a party, or e-mails in which parties make telling admissions. LLO attorneys are familiar with e-discovery and know which sites can provide significant information.

Be Prudent and Consult with an Attorney

While it is rare for discovery to turn up the so-called “smoking gun” in a family law case, documents tell their own stories. If you don’t believe it, try looking through your own bank statement—with the regular use of debit cards, there is a wealth of information about you (where you eat, shop, and play) right there in black-and-white. Selecting the most strategic documents for your case can be confusing and overwhelming, but LLO attorneys will guide you through the paperwork according to the court rules and deadlines.

The discovery process is multi-faceted, and some of its many options could benefit your case. Therefore, LLO attorneys can help you develop a strategic discovery plan that meets your needs, objectives, and budget.

The best parenting plan is one that works well for everyone, but creating these plans is often more complex than simply splitting up time with your children. Therefore, it’s critical that you consider the needs of your family before submitting a plan, because once it’s filed it’s difficult to change. At Lutz Law Offices we’ll discuss your co-parenting goals in-depth, and work with you to draft a plan that fits your preferences.

Visitation Arrangements and Provisions

The parenting plan covers how you’ll share your children with your ex-spouse throughout each year, so think about the ways it will affect your family until the last child turns 18. Included in the plan will be a schedule for custody throughout the week, as well as on birthdays and holidays, plus details about where older children will go during school breaks. Other provisions can also be added, such as specifics on when parents can phone children or attend school and sports activities, how the children will travel between parents, and how parents will communicate (e.g., phone calls, e-mail, or exchanging a notebook at transfers). Since Lutz Law Office attorneys have handled many different situations, we’re familiar with the fine points to custom-tailor your plan to your needs.

Washington Law and Legal Restrictions

Washington state law ensures that parenting plans can also include boundaries for children’s time with an adult. Visits can be restricted or even denied if a parent has a history of domestic violence or substance abuse, or a long-term emotional or physical impairment, or if there has been neglect or willful abandonment. In addition, the plan can require a parent to submit to alcohol and drug evaluations before visitation, or stipulate that a parent’s contact is monitored by a family member or court-appointed supervisor. Because Lutz Law Office attorneys are experienced in handling these types of cases, we can fulfill your requirements no matter what your situation.

Filing your Parenting Plan with the Court

The first step in finalizing the parenting plan, or modifying an existing one, is to file a proposed plan. If parents don’t agree on some issues, the court might appoint a guardian ad litem (a neutral third person who acts on behalf of the children) to investigate. The guardian ad litem’s report might make additional recommendations to include in the final documents. If there are conflicting issues in your case, Lutz Law Office attorneys can help resolve them, and we’ll guide you through the entire process from filing to finalizing your parenting plan.

Often parties will need to file a motion with the Court to request temporary relief while their case is ongoing.

A motion for a temporary order will state what the party is asking the Court to consider and the decision the party is asking the Court to make in the temporary order. The motion is usually accompanied by other documents, which could include declarations and financial or medical records.

Whether or not to file a motion to request a temporary order is a strategic decision and the attorneys at Lutz Law Offices are well prepared to discuss the pros and cons of a motion in your action. Our attorneys can also help if you need to respond to a motion filed by the other party.

Preparation is Critical

Washington courtrooms are busy places and the dockets are often long, with the commissioner or judge hearing multiple other cases the same day. Typically, the Court will not take oral testimony and will rely solely upon the written materials submitted in advance of the hearing. Preparation for a motion is therefore critical and the attorneys at Lutz Law Offices can assist with the many and varied details.

Since a temporary order may stay in place for the duration of the entire case, you will want to think about issues impacting your case now and in the months ahead. Depending upon the type of motion, declarations from you and other people might be critical, and will need to be part of the planning process as written declarations often take time to obtain.

Key Documents

Similarly, if key documents are needed to support your position, you should have those in advance of filing your motion. When the motion is filed a date for the hearing will be selected. The party filing the motion has to serve the other party with all the documents and the other party can file their own response, with supporting declarations and documents. The party filing the motion will have an opportunity to file a reply to the other party’s response.

Rules for Motion

There are special rules for motions and these can vary in different counties, including the timing for scheduling a hearing and submitting your materials to the Court and the other party. Depending on the type of motion, it may be heard by a commissioner or a judge, but most family law motions are heard by a commissioner. The attorneys at Lutz Law Offices are familiar with the rules and will work with you to prepare for the motion and hearing.

At the hearing, the Court will hear oral argument from the attorneys or the parties if they are pro se (appearing without counsel). The Court will have read the “working papers” provided by the parties and may have questions to ask about the case. Our attorneys are experienced in appearing at Court for hearings and responding to questions from the bench.

Most jurisdictions impose strict limits on the length of a hearing, and attorneys at Lutz Law Offices know how to highlight the important areas while covering all the issues. When the Court has heard from both parties, the commissioner or judge will give a decision and the parties must then prepare an order. Usually the order is entered before the parties leave the courtroom, although some jurisdictions require a presentation of the order at a later date.

There may be times when a party is unhappy with a commissioner’s ruling and wants to revise the decision. A motion for revision may be made to the trial judge and the Court will not usually consider new evidence. Again, time limits apply and whether or not to contest a ruling is a strategic decision to discuss with an attorney at Lutz Law Offices.