Collaborative Divorce

  • Why You Need to Consider A Collaborative Divorce Even if You Think You Don’t Need One

    ByGoodblatt • Leo Hours Categories Collaborative Divorce

    You might be thinking that a Collaborative Process is not a process that you need for your divorce.  If you and your spouse have agreed to everything concerning your children, the division of assets and liabilities, support, etc., then you probably don’t need the Collaborative Process.  If you haven’t resolved all issues, whether a few or all of them, the Collaborative Process may be right for you. “My spouse and I get along so we don’t need a Facilitator.”  “I know all about our finances; well, I think I do, so we don’t need a Financial Neutral.”  These are common comments made by divorcing couples who may not fully understand the Collaborative Process. Things to consider about the Collaborative Process. The Collaborative Process is transparent…

  • Collaborative Divorce and Its Benefits

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce

    For families in Orlando who are considering divorce but have concerns about the contentious aspects of a traditional divorce process, you should consider collaborative divorce and its many benefits. As you may know, the state of Florida recently enacted a collaborative law process, which is defined under Fla. Stat. § 61.56 as “a process intended to resolve a collaborative matter without intervention by a tribunal and in which persons sign a collaborative law participation agreement and are represented by collaborative attorneys.” The law recognizes that collaborative law may be useful in many different legal situations, but it often arises when it comes to divorce and child custody matters. There are many different benefits of collaborative divorce for families. For example, collaborative divorce allows families to…

  • Why Is My Divorce Taking So Long?

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce

    When you are in the early stages of your divorce, it might feel as though the divorce process is taking a long time. Many Florida residents who file for divorce want to get through the process quickly, and they want to have their cases settled. However, there are many different issues to deal with in every divorce, and some divorces can take longer than others. Moreover, contested divorces require substantially more time than uncontested divorces.  Understanding the Discovery Process  Discovery is a legal term to describe the procedure that happens before a trial in which both parties obtain information from the other side. When you are dealing with a contested divorce, the discovery process might involve both sides seeking financial information through interrogatories (written questions)…

  • Using the Collaborative Process to Create Prenuptial Agreement

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce, Family Law

    Couples do not generally get married anticipating divorce, but this possibility is still present, and could justify the creation of a prenuptial agreement. Prenuptial agreements outline which assets a spouse would be entitled to keep or receive, the liabilities each side would agree to assume, and the payment of alimony. While negotiating the terms of these arrangements do not typically have the level of contention seen with a divorce settlement, it can still present opportunity for dispute, especially if one party is against separating finances. Traditionally, prenuptial agreements are negotiated between the attorneys retained by each prospective spouse, with little involvement between the couple. An alternative to this approach that requires a more hands-on commitment to forming an agreement is the collaborative process. This non-adversarial…

  • The Benefits of Collaborative Divorce for Older Couples

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce

    Divorce is often associated with younger couples having trouble navigating the responsibilities of family and developing careers. Divorce at this stage in life, while painful, is often relatively straightforward, outside of child custody concerns, since the complexity of assets the spouses own collectively is usually limited. On the other side, couples who weathered decades of marriage are rarely seen as risking divorce, but in fact, the fastest growing divorce rates in the country are for spouses in the retirement stage, with the rate doubling for those over 55 and tripling for spouses past 65. Couples at this stage in their life have different priorities and concerns compared with spouses in the first decade of marriage, and often have more to lose if a traditional divorce…

  • The Collaborative Process Controls the Costs of Divorce

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce

    Divorce brings up a lot of emotional and financial concerns as each spouse figures out how to move on from the marriage. Finances are a particular worry for many couples because, coupled with the necessary adjustments caused by losing income, there is the additional issue of how to pay for the cost of the divorce process itself. This concern can push some spouses to consider handling their own divorce case, but this choice could easily lead to years of post-divorce litigation, as one party learns over time the final settlement was unfair or inadequate under the circumstances. Traditional litigation is the option most people associate with divorce, and this route can lead to high legal bills depending upon the number of contested issues in a…

  • Collaborative Divorce vs. Mediation: Key Differences

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce, Mediation

    As divorcing couples become more aware of the alternatives to traditional litigation, some are starting to demand options beyond standard divorce settlement negotiations. Especially if children are involved, spouses want more control over the terms of the outcome, and fewer reasons to generate additional negative emotion or obstacles to communication. People are often aware of mediation as an alternative to litigation because this process is used to resolve a number of legal disputes. Another option that is generating increased recognition and adoption is collaborative divorce, a process specifically designed to be non-adversarial and cater to the needs of the parties. Each process offers its own benefits and drawbacks, which should guide which one might best meet the needs and expectations of the parties. Understanding what…

  • Neutralizing Feuds Through a New Approach to Divorce

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce

    The structure of traditional divorce litigation unfailingly puts spouses in fight mode, and often forces them to challenge every demand or request made by the opposing side. As a result, many spouses will emerge from the legal process even more disconnected and set against each other than when they started the divorce. Not only is this approach emotionally draining and continually stressful, it is also very expensive, and could leave both parties feeling they did not receive a fair and balanced result. One alternative method that promotes civil discourse over divisive confrontation is collaborative divorce. While it is nearly impossible to completely separate the emotion provoked by ending a marriage, sorting out how to disentangle two lives can be accomplished in a respectful and productive…

  • Creating an Effective Parenting Plan During your Collaborative Divorce

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce

    If you have chosen to end your marriage through the collaborative divorce process, you are in the driver’s seat when it comes to your divorce. Rather than having the court make the decisions , the people making the decisions regarding the issues in your case are you and your spouse with the guidance and assistance of your collaborative team, putting you in control. It can be difficult to separate your emotions from the necessity of working cooperatively to develop a parenting plan, but a parenting plan  is a crucial part of the divorce process for any couple with children. Keep the following in mind to make the process easier for you, and do not hesitate to ask your lawyer for guidance when you need it….

  • How Can I Convince my Spouse that Collaborative Divorce is the Way to Go?

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce

    Your goal should not be to “convince” your spouse to agree to  a collaborative divorce. Do not think of it as a winning vs. losing proposition where you need to persuade your spouse to your way of thinking – this is not the basis of a healthy collaborative divorce. Rather, you should approach this from a standpoint of providing your spouse with information which would lead him or her to recognize that a collaborative divorce can be beneficial for you both. Present your Spouse with the Facts About Collaborative Divorce Your spouse might initially be opposed to a collaborative divorce because he or she does not understand the process or its benefits. The best way to help your spouse make an informed decision is to…