Professionals you Might Meet During your Collaborative Divorce

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  • Issues Surrounding the Division of the Marital Home in Divorce

    How to address whether to keep or sell the family home in the wake of divorce is a looming issue for a lot of couples, since the house is often the largest tangible asset they own. There is also the issue of a child’s attachment to the home for security, community and school purposes that can complicate selling the property and splitting the proceeds. Florida follows the equitable division model when distributing marital property in divorce, which says the court will award property according to what is most just, though there is a presumption the marital estate should be divided equally. Often, the family home is titled in the names of both spouses, and both are responsible for any outstanding mortgage on the property. Whether…

  • 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…

  • Boy Who Played Catch With Willson Contreras Cherishes Memory

    Many would see the above article as a heartwarming story of a professional athlete taking time out for a young fan, just as people would like to see professional athletes treat the children who idolize them. As a Family Law attorney, I noticed something else even more touching to me. The Father texted the boy’s Mother, his ex-wife with this exciting news right away. This tells me that this family continues to enjoy co-parenting their child despite their divorce. This is how all divorces should conclude- with parents texting each other about those moments in their lives that they can continue to share with pride together. I know I will use this example in my divorce consultations, mediations and collaborative divorces. These parents got it…

  • 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…

  • Collaborative Divorce vs. Mediation: Key Differences

    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…

  • 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…