Here's the Civilized Divorce^SM Pledge

Husband and Wife agree that a contested divorce is a waste of effort and money, and agree to attempt a Civilized Divorce^SM. Recognizing that this document is not legally enforceable, Husband and Wife pledge to conduct themselves in a civilized manner so that the divorce may be quick, comparatively inexpensive, and no more painful than necessary. In this document, "Client" means the person who has hired Hal Davis to be his or her attorney, and "Non-client" means the person who has not hired Hal Davis to be his or her attorney.

1. Client pledges that as long as Non-client abides by this Pledge:
1. Client will only authorize Hal Davis to take such legal actions and prepare such documents as are reasonably necessary for an agreed divorce.
2. Client will not ask Hal Davis to have Non-client served with papers.
3. Client will not ask Hal Davis to set any contested legal proceedings such as a hearing on temporary orders or a trial.
4. Client pledges that as long as Non-client abides by this Pledge, the only court date to be pursued is a "prove up" hearing after Non-client has signed the papers showing agreement to the terms of the divorce.
2. Non-client pledges that as long a Client abides by this Pledge:
1. Non-client will not institute any legal proceedings until Non-client has had a chance to review Client’s proposed offer of settlement, and will attempt to negotiate in good faith an agreed settlement before instituting legal proceedings.
2. Non-client will respond to written offers from Client (that is, Non-client may agree or may request changes, but Non-client will not simply stall and refuse to respond to offers of settlement).
3. Non-client may consult an attorney at any time.
4. Non-client may hire an attorney at any time, and may authorize his or her attorney to prepare an Answer and/or a Counterpetition for Divorce, but Non-client pledges not to authorize his or her attorney to request a Temporary Restraining Order or a request for a Temporary Orders Hearing as long as Client is abiding by this Pledge.
3. The parties pledge that if an issue arises on which they cannot agree, they will ask an impartial third party to try to help them reach an agreement. Hal Davis will be happy to provide the names of several qualified family therapists.
4. "Abiding by this Pledge" means not trampling on the rights of the other party, and includes each of the following:
1. Neither party will harass the other party in person or by telephone by using vulgar or offensive language.
2. Neither party will threaten the other party with violence, mayhem, or any illegal action.
3. Neither party will hide or destroy anything of value to the other party, including canceling credit cards or terminating insurance coverage.
4. If it becomes necessary to separate the finances of the parties, neither party will take more than half the amount in any financial account without prior agreement between the parties. If a party does take part of an account for his or her own use, that party will take care to preserve the money so that it will be available for distribution in a different manner if the parties so agree at a later date.
5. Neither party will hide property from the other.
6. Each party will share financial records with the other upon request, including credit card statements, bank statements, etc.
7. Neither party will incur debt except as necessary to maintain the status quo.
8. Neither party will make any withdrawal from any retirement account without agreement of the parties.
9. Neither party will cancel credit cards being used by the other party, or attempt to terminate utility service.
10. Neither party will take actions that make it difficult or impossible for the other party to pay the regular monthly bills and expected expenses.
11. Neither party will open or divert mail addressed to the other party.
12. Neither party will sign the other’s name to any document.
5. The parties make the following pledges regarding the children (if applicable):
1. Each of us pledges not to use the children as a weapon against the other.
2. Each of us pledges not to try to make the children think less of the other parent by saying negative things about the other parent in front of the children.
3. Each of us pledges to encourage the children to spend time with the other parent.
4. Each of us pledges to respect the other parent by picking up or returning the children promptly when agreed, and to not make last-minute changes in the possession schedule except in an emergency.

Husband                                                  date

Wife                                                      date

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