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

Divorcing Couple

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  • 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…

  • 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 –…

  • 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 Fight Over Fido — Who Gets to Keep the Family Pets in a Divorce?

    We’ve all heard the joke that says, “We’re staying together for the sake of the dog”.  But in reality, many couples do end up facing a divorce, and in addition to all the other painful decisions about who gets what, pets become part of that dilemma. Although many of us love our pets as if they are children, when it comes to divorce, the State of Florida regards pets as property –no differently than living room furniture.  Changes in our society have resulted in changes in our households, and as a whole, couples are having fewer children than they did decades ago.  With that, more couples than ever view their pets as children.  With sixty-five percent of all American households being home to a pet,…

  • Professionals you Might Meet During your Collaborative Divorce

    Many couples who choose collaborative divorce choose it because it can be less stressful and more satisfying than divorcing through litigation. A collaborative divorce is completed through a series of meetings between the couple, Financial and Mental Health neutrals and their respective lawyers, during which they create agreements about issues like timesharing, spousal maintenance, and the division of their property.  To reach these agreements, outside professionals may be brought in to make recommendations. A Mental Health Neutral A psychologist will be part of your collaborative divorce by working with you, your spouse, and your children to determine the time sharing arrangement that best serves your children’s best interests.   He or she will help you create a Parenting Plan (if you have children) or simply help…

  • The Collaborative Process Controls the Costs of Divorce

    Divorce brings up a lot of emotional and financial concerns as each spouse figures out how to move on from the marriage. Finances are a particular worry for many couples because, coupled with the necessary adjustments caused by losing income, there is the additional issue of how to pay for the cost of the divorce process itself. This concern can push some spouses to consider handling their own divorce case, but this choice could easily lead to years of post-divorce litigation, as one party learns over time the final settlement was unfair or inadequate under the circumstances. Traditional litigation is the option most people associate with divorce, and this route can lead to high legal bills depending upon the number of contested issues in a…