You commence your search for an experienced collaborative law attorney like you do any professional. You check with your friends and your professional acquaintances and try to find personal referrals. Remember that the facts of their case, their personalities, the size of their marital estate, and their personalities often factor significantly into the results that they have received and these factors will not be the factors in your case. Nevertheless, you want to ask friends, acquaintances, or professionals for recommendations.
As of July 31, 2017, Florida's collaborative law statute and collaborative law rules of procedure and ethics will be official.
Collaborative divorce is a process in which each party has their own specially trained collaborative attorney. The parties and their attorneys meet jointly and negotiate the resolution of issues in a divorce case with the assistance of a neutral financial professional and the assistance of a mental health facilitator (who is usually a mental health professional). Advantages of collaborative divorce are:
For a variety of reasons including health insurance concerns, religious concerns, social security and pension benefits, and even a desire to eventually reconcile, couples in troubled relationships may opt for legal separation rather than divorce. In Florida, there are a number of surprising facts about legal separation that you should consider before deciding on that option.
Nobody wants to think about divorce before they get married, which is unfortunate because divorce lawyers have a wealth of advice they’ve developed through their experience.
Today there is more than one way to get divorced and many couples are moving away from traditional litigation oriented divorce towards a new alternative that keeps them out of a courtroom and still on speaking terms with one other. Learn more about this method, known as collaborative divorce, and ascertain if it might be a good fit for you.
When it comes to divorce, the name on a bank account doesn’t necessarily dictate who will receive its contents during the division of property. It is the job of the divorce court judge to determine whether the funds are joint property or one spouse’s separate property by applying state law.
(Note: In contrast to community property states, Florida is an equitable distribution jurisdiction. This means that the judge starts with a presumption of a 50/50 split and then considers a variety of exceptions in considering a different division (60/40, 70/30, etc.).
Communication during the course of the divorce between you and your attorney is critical, both in terms of your sanity and in terms of making sure your game plan for your case is instituted appropriately. Unfortunately, there appears to be a breakdown in communication. Many people have come to me for second opinions where they complain that their attorney is not returning their phone calls; they do not know what is going on in their case; they can't get an appointment with their attorney. There may be legitimate reasons why your attorney may not be in constant communication with you.
"Nobody can hurt me without my permission." Mahatma Gandhi
The concept of fight fair seems to be the antithesis of a divorce. There is very little that is "fair" about any divorce. However, learning to fight fair during an intact marriage, during your divorce, or after your divorce can pay dividends in terms of effective parenting, co-parenting, putting closure on your divorce and getting on with your life.
All marriages have their highs and lows, but how do you know if what you are going through is just a rough patch or a precursor to the end? Consider these 7 signs that your marriage may be headed for divorce.