Why You Need to Consider A Collaborative Divorce Even if You Think You Don’t Need One

Divorcing Couple

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  • 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 is Collaborative Divorce Different from Mediation?

    If you are considering filing for divorce, consider completing the divorce process through alternative dispute resolution (ADR).  There are multiple types of ADR, each of which has unique requirements for the parties involved in the dispute.  What unites them is their common purpose: to allow individuals to avoid the stress and high cost of resolving their legal issues in the courtroom. Generally, two types of ADR are available to divorcing couples: mediation and collaborative divorce. When a couple divorces through mediation, they work with a neutral third party, known as a mediator, to work through each element of their divorce to determine a fair settlement.  In this setting, the mediator guides the discussion to help the couple reach satisfying conclusions.   With collaborative divorce, there is…

  • 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…

  • 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…

  • The Collaborative Law Process Act

    Exciting news! Florida has adopted a law codifying the Collaborative approach to family law disputes. Collaborative divorce is a relatively new phenomenon in most states in the U.S., and as such, until now it was largely unregulated, although it has been practiced successfully  around the world for some time.  On March 24, 2016, Florida became the 14th State in the United States to enact a Collaborative Law Statute, with Governor Scott’s signature on the Collaborative Law Process Act (CLPA). This law is an important step for the State of Florida to tell Judges, lawyers and divorcing spouses that Florida supports dispute resolution by the parties themselves without a third party, “the Judge” telling them what the correct outcome is to their divorce. The Act The…

  • January: the Biggest Month for Divorce. But Are the Holidays Really to Blame?

    A few years ago, the Huffington Post reported that January was the biggest month for divorces. According to lawyers interviewed, there was a general consensus that post-holiday divorces are the high point for the year. To be sure, many divorce lawyers in Orlando may likely see a spike in marital dissolutions just after the holiday season. The research seems to suggest that the holidays are the cause; but is this really the case? Why Do People Divorce In General? Divorces can happen for many different reasons. Sometimes there is infidelity. Sometimes, people grow apart and find that they have little in common. Other times, there is abuse, drug and alcohol problems or other criminal behavior. Sometimes it is financial difficulty or something even simpler –…