Is Collaborative Divorce Right for Us?

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  • Using the Collaborative Process to Create Prenuptial Agreement

    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…

  • 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…

  • Shades of Gray: When it’s Time to Walk Away

    A couple years ago, National Public Radio (NPR) did a revealing report on a trend known as gray divorce. This is what people are calling divorces that happen late in life. As the report illustrated divorce rates among seniors have doubled in the last 20 years. Research between 1990 and 2010 shows that the same generation that changed all the rules in the 60s is now changing all the rules again. In 2010 alone, one out of four divorces involved a couple over 50 years of age. Here in Florida, a state with a large number of retired seniors, this has become a clear departure from the past. Increasingly, seniors who previously would have been seeking estate-planning advice are now talking to their Florida divorce…

  • No Matter How Embarrassing it can Be, you Have to be Honest with your Family Lawyer

    In a previous blog post, we talked about how important it is for you to be honest with your bankruptcy lawyer, even if that means discussing personal, potentially embarrassing information. This advice is valid for any interaction with a lawyer, no matter what type of legal issue you are facing. Family law can be an emotional minefield, especially when you are going through a divorce or developing a time sharing agreement for your children. It can be easy to let your emotions color your perception, but you cannot let them cause you to lie or misrepresent the facts of your case to your lawyer. Dishonesty Can Backfire and Hurt you Your former spouse has a lawyer too, and if you lie about any of the…

  • Creating an Effective Parenting Plan During your Collaborative 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….

  • Social Media: What Every Client Should Know During a Divorce

    Research suggests that Facebook is mentioned in nearly 90% of all divorces. Some sources suggest the number is closer to a third or 40%. Either way, the fact is that Facebook and other social media sites are quickly becoming a centerpiece in divorces and child custody or support cases. In an increasingly online society, much of our social reality is dictated by and displayed on the Internet. It only makes sense that people often display their dirty laundry with little thought, even when going through legal battles. Nevertheless, here are a few tips for those going through a divorce. Who knows your password? Many spouses may know each other’s login credentials for banking, credit card accounts, email accounts, and even social media sites. Likewise, some…