8035 N. 85th Way
Scottsdale, Arizona 85258
Collaborative Divorce is a dispute resolution process in which both clients are represented by attorneys who have been trained in the collaborative process. The collaborative divorce process also may include other professionals, including communciation coaches, a financial specialist, and when appropriate, a child specialist, all of whom have been trained in collaboration. The collaborative divorce team works closely with the clients to support them each step of they way. Both spouses, their attorneys and the other professionals sign a commitment agreement that they will resolve all issues without going to court.
Like mediation, collaborative divorce is a client-centered process that focuses on the clients resolving all issues in a manner best tailored to their unique family circumstances and interests.
Although primarily used in divorce cases, collaboration is also suitable for paternity cases, domestic partner dissolutions, and other family law matters.
For more information about Collaborative Divorce, click here
Premarital, Post-marital and Cohabitation Agreements
Premarital and post-marital agreements define each person's assets, debts and financial responsibilities and may provide for the use and disposition of property during marriage, responsibility for payment of debt, and financial support during and after marriage (either by divorce or death). A premarital or post-marital agreement is a viable means to delineate a person's pre-marital property versus property acquired by a couple after marriage.
Premarital Agreements (also called Prenuptial Agreements) are not just for the wealthy. People who have been married before orwho have children from a previous marriage, who have financial responsibility for other family members, who have substantially disparate incomes or assets, who have substantial debt, or who own a business alone or with others, may find a premarital agreement a viable means to protect the premarital assets and to define financial responsibilities during marriage and the disposition of assets and liabilities or future support obligations in the event of divorce.
Cohabitation Agreements are similar to Premarital Agreements but are for couples (heterosexual or same sex couples) who are not contemplating marriage but who will live together and want to define their separate property, how property will be acquired during their relationship, how debt will be paid, or how property and debt will be divided in the event of a separation in the absence of marital property laws (marital property laws have no application to unmarried couples).
Unbundled or A la Carte Legal Services
Some clients do not need or cannot afford the full services provided by an attorney. In these cases, the services are "unbundled" and provided "a la carte" to meet the client's specific needs. Clients consult with an attorney to determine what tasks are necessary for their case and, then, the client directs what legal services are required versus what the client can do for himself or herself. With the guidance and assistance of counsel, the client controls the process and the cost.
Unbundled or a la Carte services may include some of the following:
Legal advice and counseling
Assistance to gather information through "Discovery"
Providing negotiation options
Preparation for hearings/trials
Preparation of agreements, decrees or other court orders
How much legal assistance is needed depends on the nature of the case and the financial and other resources available to the client.
Ruth Atkinson Lusby * Experience You Can Trust
Ruth Atkinson Lusby is committed to providing you with a full range of legal representation and support. She approaches every client with a focus on integrity, advocacy and understanding.
Ruth Lusby is an experienced trial attorney and has litigated numerous family law cases in over 25 years of practice. She is experienced and knowledgeable in providing the legal services required if a client chooses to go to court. Although this is the most time consuming and costly option to resolve a dispute, for some clients this may be best option. It is possible that there are important or unusual legal issues to be determined or parties may be so polarized in their positions that cooperation among the clients and counsel is simply not possible. In those cases, Ruth Lusby will use all of her skills to provide the best representation for clients so that all issues will be presented to a judge to decide the outcome.
Legal services are provided for divorce or legal separation, paternity, child legal decision-making (custody) and parenting plans, child support, post-divorce modification or enforcement, grandparents' visitation, prenuptial or postnuptial agreements, domestic partnership or co-habitation agreements and other family law matters.
Mediation is a dispute resolution option in which clients jointly retain a single mediator -- a neutral, third party who facilitates a settlement negotiation with the clients. The mediator may be an attorney, but the mediator does not represent either party nor give legal advice. Each client may consult with his or her own attorney to obtain legal advice, but attorneys generally do not attend the mediation sessions. Mediation is a client-focused process and is one of the most cost-effective options available to clients to resolve their disputes outside of court in a confidential, non-threatening atmosphere.
Mediation is suitable for divorcing couples, but also for paternity cases, domestic partner disputes, modification or enforcement actions and other family law matters.
For more information about Mediation, click here
In addition to litigation, Ruth Lusby provides the following legal services:
Negotiated Settlements and Cooperative Divorce
Some clients are able to work together to resolve their disputes, but want the assistance of attorneys for legal direction and support and/or document preparation. Unlike mediation, in which a neutral third-party facilitates the settlement, in negotiated settlements or cooperative divorce each client is represented by his or her own attorney. Attorneys work together with clients to facilitate an amicable settlement of disputed issues in a cost-effective manner.
In Negotiated Settlements, in addition to attorneys, other professionals (financial specialists, child specialists, business valuators, etc.) may provided assistance as needed. Like other alternative dispute resolution options, the goal is to resolve disputes with as little court intervention as possible.
Cooperative Divorce is similar to collaborative divorce and negotiated settlements. Cooperative Divorce involves an agreement to negotiate in a "cooperative" manner and to follow an agreed upon process and principals to resolve dispute. Clients work together with their respective attorneys to try to reach settlement without going to court, but unlike Collaborative Divorce, there is no formal agreement that disqualifies the attorneys from going to court.
Negotiated Settlements and Cooperative Divorce are also suitable for paternity, post-divorce and other family law matters.
Content copyright © 2018. Ruth Atkinson Lusby, P.A. All rights reserved.
The information provided in this website does not, and is not intended to, constitute legal advice nor does it create an attorney-client relationship. Filling out and submitting the contact request form does not create an attorney-client relationship. Please do not send confidential information to us until such time as an attorney-client relationship is established.