Collaborative Divorce: Achieving your goals without hostility

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  • What Can I Do if my Collaborative Divorce is Not Making Progress?

    Ideally, a collaborative divorce is a straightforward process through which a divorcing couple determines the terms of their divorce settlement, such as how their assets will be divided and whether one party will receive alimony. Many couples begin this process confident that they will be able to create a mutually-satisfying divorce settlement through collaboration. In many cases, collaborative divorce works. But this is not true in all cases. After starting the collaborative divorce process, a couple might find that they cannot work together as easily as they initially thought possible. They might also find that there are issues to determine in their divorce that require guidance from a professional. If your collaborative divorce is not progressing as you had hoped it would, consider one or…

  • Can I Legally Read my Spouse’s Email During the Divorce Process?

    No. This is an invasion of privacy. In fact, you cannot read your spouse’s emails, text messages, or other correspondences without his or her consent at any time. If a correspondence is protected by a password or it is conducted using a device owned by an individual’s employer, you cannot search through it without your spouse’s consent. Even when a device like a cell phone or a laptop is shared property or uses a shared data plan, accessing your spouse’s private accounts may be deemed to be an invasion of his or her privacy. When you are going through a divorce, you might feel tempted to search through your spouse’s accounts. This could be to find evidence to show the court that he or she…

  • The Fight Over Fido — Who Gets to Keep the Family Pets in a Divorce?

    We’ve all heard the joke that says, “We’re staying together for the sake of the dog”.  But in reality, many couples do end up facing a divorce, and in addition to all the other painful decisions about who gets what, pets become part of that dilemma. Although many of us love our pets as if they are children, when it comes to divorce, the State of Florida regards pets as property –no differently than living room furniture.  Changes in our society have resulted in changes in our households, and as a whole, couples are having fewer children than they did decades ago.  With that, more couples than ever view their pets as children.  With sixty-five percent of all American households being home to a pet,…

  • How Can I Change my Parenting Timesharing Agreement?

    When a couple with children divorces, a parenting timesharing agreement is typically part of the divorce settlement. This agreement is based on the child’s best interest and in nearly all cases, is created with the intention of maintaining a consistent relationship between the child and both of his or her parents following the divorce. Do you and your Former Partner Agree to a Change to the Parenting Plan? If you and your former partner agree to the proposed change to your parenting plan, changing the arrangement is easy. To do this, create a document that outlines the changes to your existing parenting agreement. Follow the instructions in your original Agreement for “modification,”and then file it with the court. Do not attempt to change your agreement…

  • Three Things People Don’t Expect to Fight Over in a Divorce

    When it is time to call it quits on a marriage, couples have certain expectations – some positive and some negative. Divorcing couples might expect to get some of their time and energy back after years of constant fighting. They may also expect some financial setbacks. But there are also those things people would never imagine having to think about, let alone fight over, when splitting up. Here are just three of them. #1 – Who gets the pets? Americans likely love their pets more than those in any other country in the world. In fact, according the 2011 Pet Ownership and Demographic Sourcebook, there are approximately 70 million pet dogs and 74 million pet cats in America. What’s more, pets are central to our…

  • Collaborative “Divorce” for Unmarried Couples

    In decades past, most couples’ relationships followed a similar progression pattern: start dating, get engaged, get married, buy a home, then have children. Today, although many couples continue to follow this pattern, it is not unusual to see unmarried couples purchase homes and have children together. Sometimes, these couples marry later and in other cases, they never marry. For many years, same sex couples could not marry, which left them without many of the legal protections enjoyed by heterosexual couples. If you are not married, you cannot get divorced. The divorce process provides couples with a set of legal guidelines for determining how their assets will be divided. Some decisions are out of the couple’s hands, such as their timesharing agreement for their children. But…