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What is a Collaborative Divorce and How Can It Be the Answer You Need?

Author By SEO CCCPosted on

Divorce is never easy. Many times it is messy, combative, and extremely stressful. In fact, when most people think of the word “divorce,” they may picture a courtroom with everyone inside yelling, people crying, endless drama and both parties walking away upset—ultimately affecting the family as a whole for years to come. However, if you are considering a divorce, this does not have to be your story.

Gone are the days where heading to court and litigating your dissolution is your only option. In this blog post, we will discuss a different and more modern approach to divorce. Specifically, we will explain everything you need to know about a collaborative divorce- what it is, how it works, and how it can be the solution that you need to get through this difficult time in your life.

What Exactly is a Collaborative Divorce?

A collaborative divorce is a process of removing divorce disputes from a courtroom setting into a “problem-solve” setting of negotiations. In general, a collaborative divorce will only work when both parties agree to it and decide to focus from the start on settling divorce issues through good faith mediation and negotiations without resorting to litigation.

In a contested divorce, court litigation is necessary to resolve the division of custody, assets, property, and other issues involved in the split. This method often requires a more adversarial approach, limited options, and fixed resolution ideas. In comparison, a collaborative divorce looks to provide a transparent and respectful environment for the divorcing spouses to make mutual decisions that fit their specific circumstances and their family best.

When deciding on a collaborative divorce, there are a few critical elements that need to be considered and agreed upon by both parties to make this approach work:

  • It is a Voluntary Process: A collaborative divorce is voluntary, meaning that either spouse can stop the process at any time.
  • Work With a Collaborative Attorney: Each party needs to speak with their own collaboratively trained lawyer and ask questions about the process to determine whether this option is a good fit. If both parties agree to go ahead with a collaborative divorce, they can retain their own collaborative lawyer and proceed to the participation agreement. These collaborative lawyers are there to support the parties through the whole legal process and provide them with confidential legal advice while coming up with unique ideas to help the divorcing couple get through this challenging ordeal.
  • Sign a Participation Agreement: Before the process begins, the divorcing spouses need to sign a participation agreement where they agree that a settlement is their only goal, and their attorneys will withdraw from the proceedings if the case proceeds to litigation.
  • Divorcing Spouses Work as a Team: The divorcing couple will need to work together to develop their own divorce settlement agreement. They will have to discuss issues and agree to specific divorce terms regarding their family, finances, and the future. Because a collaborative divorce is about mutual understanding for each other’s needs, the focus of this process is to come up with solutions that work best for the whole family.
  • Negotiations Take Place in a Series of Joint Sessions: These collaborative divorce negotiations occur during a series of joint sessions, where the divorcing spouses and their collaborative lawyers sit down to informally come up with ideas of how to create a fair divorce resolution. Not only can the divorcing spouses have their collaborative attorneys provide assistance with the brainstorming and coming up with ideas. But many times, these sessions can also include other experts, including mental health professionals, child specialists, and even financial advisors who will work as neutral parties to come up with the best solutions for the family.

Benefits of a Collaborative Divorce

Generally, the collaborative divorce approach offers the divorcing couple many advantages. Including providing them a sensible cooperative dispute resolution option, while also producing numerous benefits for the whole family:

  • The collaborative divorce process is less expensive and allows the divorcing spouses to avoid costly litigation.
  • The collaborative divorce process maintains peace and respect between the divorcing couple.
  • The collaborative divorce process tries to find flexible answers and solutions in order for both parties to get the terms they want.
  • The collaborative divorce process keeps kids out of the conflict.
  • The collaborative divorce process focuses on problem-solving strategies without heading to court.
  • The collaborative divorce process results in more long-term solutions than litigation because it looks at the big picture of your life. Even though both parties may not be ready to get a divorce, discussing options together in a respectful setting can help put the divorce into a proper perspective and allow it to get resolved that much faster.

However, one of the most significant benefits of a collaborative divorce is that the divorcing spouses get to decide on the divorce terms instead of a judge or a jury. This helps avoid feelings of anger, ill-will, or disdain and allows the divorcing couple to come up with a solution that works best for both of them.

Get the Legal Help You Need- Work with a Family Law Attorney You Can Trust

Even though divorce can sometimes be a tedious and stressful experience, it does not always have to be. In truth, it can be the fresh start that a divorcing couple needs. That is why working with an experienced family law attorney is so critical. At the Stephenson, Chávarri & Dawson law firm, our legal team knows how vital a collaborative divorce can be for you and your family. We also understand how crucial our role as a collaborative divorce lawyer can be to you as you try to pursue an optimal outcome in your divorce. That is why do not wait any longer. Contact Stephenson, Chávarri & Dawson today, or call our firm at 504-523-6496. We can go over any questions you have about collaborative divorces and help you determine whether it is the right option for you.

Can I Expunge My Felony Conviction in Louisiana?

Author By Stephenson, Chávarri & DawsonPosted on

If you have been convicted of a felony, it can feel like you have had the rug ripped out from under you. You’ve served your time but still, you face seemingly insurmountable obstacles because of decisions you made in your past. Besides the negative stigma former felons face, a felony conviction can make it harder to get a job, find affordable housing, or even obtain a student loan.

So how do you move beyond your felony and begin to rebuild your life? For some people, a felony expungement may be an option. If you need help and want to know whether expunging your record may be an option, contact a felony expungement attorney. Here are a few things you should know about the process before you decide to move forward:

What is a felony expungement?

Under most circumstances, your felony conviction stays on your record for life. While employers may not ask about convictions beyond a certain period of time and your conviction may not always appear on a general background check, in reality, your conviction is always there. That is unless it is expunged. 

According to the American Bar Association, to “expunge” is to “erase or remove completely.” In this way, it is like your conviction never happened. Your felony won’t appear on an employment background check, it can’t affect your ability to get an apartment, and it won’t appear in the public record. 

Does an expungement make my felony conviction completely go away?

While a felony expungement gets rid of your record in most practical applications, there are still instances where others may still find out about your record or you may have to disclose it. 

For example, if there were news reports chronicling your crime and conviction, these records will still exist and may appear in a simple Google search. Other entities that may have access to your expunged record include:

  • The Office of Financial Institutions;
  • The Louisiana State Board of Medical Examiners;
  • The Louisiana State Board of Nursing;
  • The Louisiana State Board of Dentistry;
  • The Louisiana State Board of Examiners of Psychologists;
  • The Louisiana Board of Pharmacy;
  • The Louisiana State Board of Social Work Examiners; 
  • The Emergency Medical Services Certification Commission; 
  • The Louisiana Attorney Disciplinary Board; 
  • Office of Disciplinary Counsel;
  • The Louisiana Supreme Court Committee on Bar Admissions; 
  • The Louisiana Department of Insurance; 
  • The Louisiana Licensed Professional Counselors Board of Examiners

These organizations will typically only use the information if you apply for employment or a license from the given organization.

Are all crimes eligible for a felony expungement?

The short answer is no. Some crimes will always stay on your record. Louisiana law is clear regarding which crimes are and are not eligible to be expunged. Specifically, the following crimes are not eligible for expungement:

  • Sex crimes
  • Crimes against minors
  • Distribution of a controlled substance
  • Crimes of violence

Additionally, a Louisiana court can only expunge Louisiana offenses. If you were convicted for a federal felony crime or a crime committed out of state, you may not be eligible for a felony expungement.  If you have questions about whether or not you can obtain a felony expungement, contact our office today.

How long do I have to wait to apply to have my record expunged?

Louisiana has made major changes in the past several years to expedite the expungement process. While previous laws required a ten-year work history, this requirement no longer applies. 

To apply to have your record expunged, you must wait a period of no less than 10 years since one of the following has applied:

  • You completed your sentence or adjudication
  • You are no longer on parole or probation

It’s important to note, you cannot have a subsequent conviction or pending charge during this 10 year period to be eligible to have your felony expunged. 

How to obtain a felony expungement

1. Determine your eligibility

The first thing you need to do is to determine whether you qualify for an expungement. This step is important because you must pay filing fees to have your records expunged. These fees are expensive. If you are deemed ineligible, the court will not return any monies paid. If you are unable to pay these fees, the court may have assistance available. 

2. File the necessary paperwork

Before you file any paperwork, you need to obtain your background report. Without this, your case cannot move forward. After you receive your background report you can begin to process the paperwork. In some cases, you may need to file for a motion to set aside before you file for a motion for expungement. If this sounds complicated, it’s because it is. For this reason, we cannot emphasize enough the value of an experienced attorney to help guide you through your case. 

3. Undergo the mandatory waiting period

If the court approves your request, you must undergo a 60-day waiting period. During this time, the police and district attorney will have the opportunity to object to your request. If a party objects to your request you will be given an opportunity to plead your case in court. Be prepared to answer tough questions and defend why your record should be expunged.

Your future is at stake. Put it in the right hands

A felony expungement can give you a new lease on life. But as such, it doesn’t come easy. The process to expunge your record can be complex, lengthy, and expensive. This is not a challenge you want to take on by yourself. At Stephenson, Chavarri & Dawson, L.L.C., we work with individuals who have worked hard to get a second chance. Your past shouldn’t stop you from having a future. Our experienced attorneys can help you determine what steps you need to take to prepare for your battle and help you make sure everything is in line before we take the final steps. Protect your future, protect your freedom, protect your rights. Contact Stephenson, Chavarri & Dawson, L.L.C. at 504-523-6496 or fill out our online request form to schedule a consultation with one of our felony expungement lawyers today. 

 

 

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