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What is Collaborative Law?

The most important choice you will make regarding legal conflict is selecting the right legal process. Collaborative law is a way for parties to resolve disputes respectfully without going to court.

Collaborative Law is a process in which parties negotiate an acceptable agreement with the assistance of trained professionals. Each entity hires a specially trained collaborative attorney who advises and assists them in negotiating a settlement agreement. The parties meet separately with their counsel and attend meetings with all four participants present in order to resolve all issues of the dispute. The collaborative process may also involve other professionals, such as a facilitator, a child custody specialist or a financial planner.

Key Components of the Collaborative Process

Parties both agree to engage in the confidential collaborative process. In collaborative cases, the parties are prohibited from bringing case issues before a judge. If the matter is not settled, the attorneys cannot continue to represent the clients in contested litigation. This preserves the integrity and commitment of all participants to the collaborative process.

Parties voluntarily disclose all information that is pertinent to the resolution of the divorce. This is a fundamental principle that is critical to the long-term success of collaborative agreements.

Parties use good faith efforts to negotiate final resolution of their matter. The terms of the agreement are the result of both parties’ input, contemplate the short-term and long-term needs of the clients, and are mutually acceptable.

Parties may enlist the assistance and advice of mental health and financial professionals to help resolve disputes. These neutral professionals provide critical information and problem-solving skills to help parties design custom solutions for their family. Other experts may be retained as needed.

Who is Right for Collaborative Law?

Families with Children

All parents want to protect their children from harm. Sadly, children are often the ones who suffer the most during legal disputes among families.The stress, conflict and uncertainty that are present can be major risk factors for childhood development. Yet, as much as parents say they want what is best for their children, they often have difficulty working together for the sake of their children.

Sometimes in traditional litigation, children are used as leverage for one party against the other, ultimately escalating the conflict and harming the child. The effects of this kind of conflict are very difficult on children and can last for years. In the collaborative process, the children’s needs are primary. Children cannot be pulled to testify before a judge, and will be treated in an age-appropriate way that respects their needs for stability and safety.

Additionally, collaborative parents can easily consult a child specialist regarding their concerns about the children. There are several mental health professionals in our area who are familiar with child development, the effects on children, and coping techniques for children. Parents can learn how to talk to their children about the dispute, how to responsibly guide their children through the process, and how to develop a parenting plan that works for the children’s best interests.

Finally, collaborative law rests on creating meaningful and durable solutions. This is particularly appropriate in families with children who will have to continue in a parenting relationship for the rest of their lives. When both parties engage in the decision-making process, rather than having a judgement handed down on them by the judge, they are far more likely to work within the framework of their agreements and keep themselves, and their children, out of the lawyer’s office and out of court.

Click this link to read more on the benefits of the collaborative process on children.

Parties with Assets to Protect

Collaborative attorneys and financial planners are trained in finding mutually beneficial solutions for your finances. Financial specialists offer neutral financial analysis services during the collaborative divorce process. They are specifically trained in structuring property settlement agreements in ways that minimize financial loss and waste and maximize a party’s financial health long-term.

The collaborative process is also particularly helpful to parties who have complex or mature marital estates. Collaborative professionals have the time and resources to appropriately manage challenging issues like business valuation, licenses and advanced degrees, income tax issues including real estate sales, capital gains, distribution of tax consequences, spousal and child support, retirement savings and projections, and complex financial documents and products.

Another consideration is the cost of the process. While a collaborative process is not necessarily less expensive than traditional litigation, there are some important considerations that distinguish the two.

First, your money works for you in a collaborative divorce. In a collaborative divorce, the parties spend time coming up with durable agreements that are the result of a fully informed, reality-tested dispute resolution process. Because the parties both engage in the process, the agreements are more sound, more likely to be adhered to, and are far less likely to be contested later on.

Second, transparency is key in a collaborative divorce. Neither party will waste valuable time and resources trying to secure information that can be concealed or altered. It can be very difficult, and very expensive, to try to find information that has been purposefully hidden. The collaborative process wholly avoids this costly issue and allows the parties the freedom and knowledge to create solutions that are specifically tailored to their needs.

Click this link to understand how the collaborative process can help protect your finances.

Results-Oriented Parties

The collaborative process requires that those involved be committed to working with and not against the other party in order to achieve results. The collaborative process is an interests-based approach to resolving issues, and therefore opens a host of solutions and benefits that are not available in traditional litigation.

Collaborative law is also client-centered. The wants, interests and needs of the collaborative client are paramount. The law provides only a general structure or framework that can clients use as a guideline. It does not dominate the parties’ dispute resolution process.

The collaborative process acknowledges and respects the turbulent and often painful emotions of family disputes. However, these emotions make good servants, but horrible masters. Too often in a traditional dispute, conflict is encouraged at the hands of these emotions, and the process escalates. In the win/lose paradigm of litigation, tension and conflict are a constant, and the client suffers. Conversely, collaborative professionals are trained in helping clients see past these emotions to actually resolve, not escalate, the issue. The parties are respected, supported, heard and valued in the process which is critical to overall well-being and final case resolution.

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Adoption

While most family law matters are centered around the dissolution of family, adoption matters involve the creation of family. As a result, adoption-related services are among the most rewarding for Element.

While the adoption process in Montana is relatively straightforward, there are certain legal and administrative complexities that are best handled by an experienced attorney. Our team will help alleviate the delays, frustration, and expenses associated with the adoption process.

Whether you are a parent struggling to find the right family for your child, a couple looking to welcome a new member into your home, or a relative hoping to assume responsibility for a minor in your family, we will work for you to ensure no detail is overlooked. We will take the time to explain all of the adoption issues to you, assist in the preparation of required documentation, and represent you at the adoption hearings.

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Alimony

Our team is skilled at advocating for your alimony needs or helping you and your former partner negotiate a mutually satisfying alimony agreement. There are several factors to consider in determining an appropriate amount and duration for spousal support.

Circumstances in which alimony may be appropriate include the following: one spouse lacks sufficient property to provide for his/her reasonable needs, and is unable to be self-supporting through appropriate employment; or, one party is the custodian of a child whose condition or circumstances require that he or she should not be required to seek employment outside the home.

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Child Custody

Element Law Group routinely handles child custody cases and can help to determine the best custody arrangement for you and your children. Whether you are modifying a current plan, do not have a plan, or are navigating child-custody issues as a part of your divorce, we are able to guide you through the terrain.

The fundamental basis for all child custody decisions must be the best interests of the children. It is imperative to consider the following factors when determining what is in a child’s best interest:

The wishes of the child or parent.
The wishes of the child.
The relationships the child has with parents, siblings and anyone else who significantly affects the child’s best interests.
How the child has adjusted to home, school, and community.
The mental and physical health of all individuals involved.
The presence of physical abuse, or chemical dependency, if any.
Continuity and stability of care.
The developmental needs of the child.
Whether a parent has failed to financially support the child or pay birth-related costs when the parent is able to pay.

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Child Support

At Element, we are experts in assessing, guiding, and eliciting the best possible results in cases involving child support. Generally, child support is paid by the non-custodial parent to the custodial parent to contribute to the cost of upbringing of the children. The custodial parent is the parent with whom the child resides the majority of the time. If the child resides an equal amount of time with each parent, the parent with the lower income may still be entitled to child support.

The amount of child support to be paid is set according to a formula prescribed by the Montana Child Support Guidelines. The amount of support ordered is dependent on the some of these factors: each party’s net disposable income; the approximate time the high earner has physical custody of the children; the number of other children supported; costs of child care; health care expenses; and whether there are extraordinary expenses associated with the children. Travel expenses and costs relating to education and other special needs may also be considered.

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Divorce

Unfortunately, many couples will face the challenge of a divorce and its emotional, physical, and financial effects. While divorce can be a painful and diffcult process, it can also be needlessly complicated and worsened by certain aspects of the legal process. This can be especially devastating when there are children involved. It is important at the outset to consider the type of divorce experience you and your spouse desire, and to choose an attorney whose goals and methods match yours.

At Element, we synthesize our competence, creativity, and compassion in handling divorce cases. Throughout the divorce proceedings, we will listen attentively to your needs. We will assess all of the assets and debt of the marriage and work closely with you to secure a proper financial outcome. We are particularly mindful of the needs of children during and after divorce, and will strongly advocate for parenting arrangements that represent the children’s best interests.

Key Components of a Divorce

Parenting Plan (If there are children)

Both parties agree on terms pertaining to parenting, including child custody and education. At Element we are deeply invested in promoting the best possible outcomes for children, and work closely and with clients to establish parenting plans that will meet the needs of all family members.

Property Settlement Agreement

This is a recitation of terms mutually agreed upon by parties prior to a dissolution. It is considered to be a binding contract; once it is approved by a judge, it can only be modied under certain circumstances. It contains provisions for division of property and debts, maintenance, and child support.

Child Support Calculation

Montana has guidelines to determine child support based upon the total income of both parents. Daycare, insurance, and medical costs are included in the computation. The guidelines allocate the amounts to be paid by each parent, taking into account financial resources of the parents and children, the children’s needs, and the standard of living the children would have enjoyed had the parents stayed married. Child support continues until a child is emancipated or graduates from high school, but no later than the child’s 19th birthday, unless the parties agree, or the court orders otherwise. Some parents agree to continue child support through college. Child support may be raised or lowered in the event of a change in financial circumstances or needs. Some parents agree to review support periodically. In some instances, child support may be determined in an administrative proceeding. Montana law requires that all divorce decrees address health insurance coverage for the children. Child support must be paid automatically from a parent’s wages, unless good cause exists to waive automatic deductions.

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Guardianship By Non-Parents

Family circumstances can change, and sometimes a child is unable to be cared for in the manner that he or she deserves. It may be necessary to remove the child from a situation that could promote lasting lasting physical or psychological harm. We are equipped to guide family members through the process of establishing new legal guardianship status, and we are deeply committed to helping families ensure an optimally healthy home environment for the children involved in such cases.

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Immigration

Here at Element Law Group, our focus has always been on families, and providing customized and compassionate legal services to meet their needs. Likewise, we are dedicated to providing excellent family-based immigration services and advice. Navigating United States Immigration Law can be a complicated and daunting path to take on alone. Whether you are trying to bring a family member to the United States or keep one here, our attorneys are prepared to assist you. Among the services that we provide are:

• Naturalization
• Becoming a citizen through naturalization is the process by which a non-US citizen voluntarily becomes an American citizen. A person who is 18 years or older, who meets certain requirements, may file an application for naturalization. The attorneys at Element Law Group are prepared to assist in determining your eligibility for U.S. citizenship, and aid you in the application process.
• Family-Based Visas
• If you have a family member outside of the United Sates, who would like to join you here, they may be eligible to apply for an immigrant visa. Commonly referred to as “consular processing,” your loved one’s visa options will depend on a number of factors, including the type of relationship. Our attorneys are prepared to assist you in navigating this process, and determining what options are available to you.
• Adjustment of Status and Green Card Renewals
• Adjustment of Status and Green Card Renewals" to be a link that would drop down additional language, or take them to a new page. The additional language I would like to add is "If you are an immediate relative of a U.S. citizen, you may be eligible for lawful permanent residence (aka Green Card) based on your family relationship, if certain criteria are met. Our attorneys are prepared to help in determining your eligibility for lawful permanent residency, as well as assist you in applying for a green card.
• Fiancé and Marriage-Based Visas
• Fiancé and Marriage-Based Visas" to be a link that would drop down additional language, or take them to a new page. The additional language I would like to add is "If you are able to get married to a US citizen, it may be possible to pursue a green card based on marriage. If you are engaged to a US citizen, you may be eligible to apply for a fiancé visa. If you believe you are eligible for either of these options, our attorneys are ready to advise and assist you in pursuing the appropriate course.
• Temporary Protected Status (TPS)
• Temporary Protected Status (TPS)" to be a link that would drop down additional language, or take them to a new page. The additional language I would like to add is "You may be eligible for Temporary Protected Status (aka TPS), if the Department of Homeland Security has determined that the conditions in your home country temporarily prevent you from returning safely.
  As of September 2022, the Countries currently designated for TPS include the following: Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Ukraine, Venezuela, and Yemen.
• Uniting for Ukraine (U4U)
• Uniting for Ukraine (U4U)" to be a link that would drop down additional language, or take them to a new page. The additional language I would like to add is "On February 24, 2022 Russia launched a full-scale invasion against Ukraine. The biggest war on a European state since World War II. It goes without saying that this has resulted an unprecedented humanitarian crisis. By April 2022, more than 2 million refugees had fled the country. Most were able to seek refuge in neighboring countries such as Poland, Czech Republic, and Romania. Beginning in late-March 2022 and early-April 2022, refugees with ties to the U.S. through family or friends, began arriving at the Tijuana airport, to seek humanitarian parole at the U.S.-Mexico border. Within the first three weeks, over 3,000 refugees arrived at the border. However, as of April 21, 2022, the Department of Homeland Security announced a new streamlined process, called Uniting for Ukraine (U4U), to provide Ukrainian citizens who have fled Russia’s unprovoked war of aggression, opportunities to come to the United States. The new process launched on April 25, 2022. The Department of Homeland Security announced Ukrainians should not travel into the United States, directly through a port of entry, without the necessary documentation. Any Ukrainian present at the border, starting April 25, 2022, without a valid visa or without pre-authorization to travel to the United States through Uniting for Ukraine will be denied entry. If you, a friend, or family member are contemplating seeking refuge into the United States through Humanitarian Parole, please contact our office to set up a consultation.

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Premarital Agreements

A premarital agreement allows a couple to come together and decide how to divide their current and future assets should the marriage end in some way. Without a prenuptial agreement, both parties are exposed to financial and emotional risk. Changes in the law over time also create uncertainty about how the marital estate will be divided in the future.

For these reasons, our team encourages potential spouses to discuss obtaining a premarital agreement and seek legal advice. In addition, you may want to seriously consider a premarital agreement in the event one of the following is true for you:

You have children and/or grandchildren from a previous marriage.
One of you is much wealthier than the other.
One of you will be supporting the other through college.
You plan on receiving or giving an inheritance of money or property.
You have loved ones who need to be taken care of, such as elderly parents.
You have or are pursuing a degree or license in a potentially lucrative profession such as medicine.

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Property Division

Montana law provides that property is to be divided equitably between the parties upon the dissolution of a marriage. However, equitable does not mean equal, or 50/50. Several factors are relevant, including the length of the marriage, skills and relative abilities of the parties, needs and opportunities to acquire future assets, and whether the property was gifted, inherited, or premarital. At Element, have ample experience analyzing these nuances and promoting fair and equitable property division among divorcing partners.

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Any legal service your family needs

We are not only committed to providing the above-mentioned legal services for families in transition; we are also invested in assisting individual family members as they encounter life’s inevitable challenges and responsibilities. These may include DUIs, bankruptcy, estate planning, criminal charges, and landlord & tenant conflicts, among other circumstances.

Our team’s efficient and accessible approach will minimize stress and generate the most positive outcomes for clients engaged in these and other situations.

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Katie Mazurek

In her commitment to helping families redefine themselves and resolve conflicts out of court, Katie combines compassion with competence and empathy with expertise. She is the beating heart behind Element Law Group and is at the forefront of the collaborative law movement in Montana.

Katie has primarily focused on family law and alternative dispute resolution. She was one of the first attorneys in Montana to be certified by the International Academy of Collaborative Professionals as a collaborative lawyer.

Throughout her legal career, Katie has been recognized as a standout provider of legal services. Her family law experience includes divorce, child custody, child support, spousal support, domestic violence, post-separation issues, adoption, grandparent rights, guardian ad litem, same-sex partnerships and parenting, surrogacy, name changes, pre and post-nuptial agreements, and mediation. She additionally teaches continuing education courses on family law and lawyer ethics.

Katie realized her appreciation for helping families resolve disputes without court intervention while competing on the negotiations team throughout her studies at The University of Montana School of Law.

Katie enjoys an active lifestyle with her husband and two small children in Bozeman, Montana. She competes in half ironman triathlons in her free time and looks forward to visiting her family in Northern Michigan.

Awards & Honors

• “Top 10 Under 40” Practitioner, since 2014, National Academy of Family Law Attorneys

Education & Experience

• The University of Montana School of Law
• Communication Studies, The University of Montana

Community & Professional Involvement

• Board Member and Volunteer, Gallatin Legal Assistance Clinic
• Mediator, Community Mediation Center

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