Reasons to Consider a Collaborative Divorce over Mediation

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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…

  • 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….

  • Dispelling Three Myths About Florida Marriage Annulment

    When it comes to marriage and divorce, there are many myths and misconceptions, especially on the internet. One of the biggest areas of confusion is marriage annulment. Myths abound regarding when, how, and why a person may annul his or her marriage. Here, we will look at three of the most common myths and explain what annulment is and is not. MYTH #1: I can get my marriage annulled within the first year of marriage without going through a full divorce. If only this were the case, we might hear a united sigh of relief from many. Unfortunately, the law does not have any such wiggle room. Once you get married, you are married. In Florida, even if you are only married for 24 hours,…

  • Classifying Marital and Nonmarital Property

    When a married couple gets divorced in the Orlando area, part of the divorce process involves property division or property distribution. This is a process in which the court divides marital assets and liabilities according to a theory known as equitable distribution. When property is distributed equitably, it is divided between the parties in a manner that is fair to both of them based on a variety of factors outlined in the Florida Statutes (Fla. Stat. § 61.075). While the equitable distribution usually means that property is divided equally between the parties, it is important to recognize that equitable does not mean equal. But how do Florida courts even determine what property is subject to distribution? Unless the parties agree to a property settlement, the…

  • Prison Nurseries: A Controversial Measure to Protect a Mother’s Rights

    Every year, thousands of incarcerated mothers enter the prison system already pregnant. Many are youthful offenders or are serving short terms for minor crimes. Nevertheless, they are forced to suffer what many would call the harshest punishment a mother can endure: having her child taken away moments after birth. Lawyers and their clients have struggled over this issue for years. Recent attention has been drawn to the brutal practice of shackling incarcerated women during childbirth and labor. Possibly even more unsettling is the practice of removing children from their mothers moments after they are born. While prison officials often cite the need to maintain the efficacy of the justice system, one must wonder what sort of long-term effect this has on mother-child bonding and whether…

  • Specific Family Law Issues that Same Sex Parents Face

    As of 2015, same sex couples can legally marry in Florida.  Although this was a critical civil rights milestone, it does not mean that all issues same sex parents face were resolved.  In 2016, the Florida Department of Health began to allow both parents in same sex couples to list their names on their newborns’ birth certificates, and even then, many couples had to list themselves as “mother” and “father.”  Birth certificates with inclusive language were not available until July. Although your gender should not impact how your rights and interests are treated in court, you can potentially face certain legal issues that affect heterosexual parents far less frequently.  If you are a parent in a same sex marriage or unmarried relationship, discuss any issues…