Collaborative “Divorce” for Unmarried Couples

Divorce for Unmarried Couples

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  • How Do I Prepare for Mediation in My Divorce?

    Most counties in Florida require divorce cases to go to mediation before the matter is tried.  The hope is that all, or at least some, of the issues will be resolved at mediation without Court intervention. So, how do I prepare for mediation? Work with your attorney to prepare for mediation. Schedule a time to meet with your attorney to discuss what you can expect at mediation.  Prepare a game plan, i.e. give thought to what issues you are willing to compromise on and what issues are non-negotiable.  Because you will be negotiating a settlement, try to keep the list of issues that are non-negotiable to a minimum.  Don’t stand firm on an issue just to oppose your spouse.  For example, both you and your…

  • How Can my Spouse and I Prepare for Our Collaborative Divorce?

    If you and your spouse have decided to divorce through the collaborative divorce process, you need to take steps to ensure that you can complete the process smoothly. Collaborative divorce is different from the traditional courtroom divorce method in that it gives the divorcing couple greater control over the process. Rather than having decisions about the division of your property made for you, you can work with your spouse to determine a divorce settlement that benefits you both through the collaborative divorce process. Work with your lawyer to prepare for the series of team meetings during which you and a professional mental health and financial neutral will facilitate resolution of the terms of your divorce settlement. Even if you and your spouse already have fairly…

  • Domestic Violence and Divorce

    While many couples stay together through fights and even long-term disagreements, physical abuse is unacceptable. While many abused spouses find themselves afraid to leave due to a lack of funds or support, many are able to separate from the abusive spouse using the power of the courts. If you find yourself in this situation, it is imperative to realize you are not alone, and that there are local resources available to help you create a safety plan for yourself. Florida Domestic Violence Law Florida’s definition of domestic violence is unfortunately somewhat restrictive compared to other states laws. The statute explicitly defines domestic violence to include any “criminal offense resulting in physical injury or death” to a family member, by another family or household member. While…

  • When Relationships Go Bankrupt, the Obligations Do Not

    Few things are as certain in life as the reality that divorces are not only emotionally draining, but financially exhausting as well. Similarly, few couples make it through a divorce without some financial hardships. Even if just a minor reduction in credit score or the loss of equity in a vehicle, divorce hurts the wallet. For this reason, it is no surprise that many divorcees ask their divorce lawyers how they might use bankruptcy to either reduce or eliminate support obligations. Ultimately, however, this is not possible. Under the U.S. Bankruptcy Code (11 U.S.C. 523(a)(5) and 11 U.S.C. 101(14A)), “domestic obligations” cannot be discharged in a bankruptcy. Of course, this makes sense. If you were not getting divorced, to the extent you are able, you…

  • Why Should I Write a Postnuptial Agreement?

    Do not be afraid of the idea of signing a postnuptial agreement. A postnuptial agreement, like a prenuptial agreement, is a document that outlines how a couple’s assets are to be divided in the event of their divorce or one party’s death. It can also clarify how assets are to be used, acquired, and designated during the marriage. Although it can be easy to think that signing such an agreement is admitting that you do not have faith in your marriage, this cannot be further from the truth. Instead, think of this type of document like you think of your automobile insurance: you do not want to get into a situation where you have to use it, but if you do find yourself in one,…

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

    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…