You finally made the difficult decision that the marriage is over and you need to proceed with a divorce. However, you feel some trepidation by proceeding forward. Understandably, there are stories of divorce cases that have bankrupt families, have lasted for years and years in court with high levels of animosity frequently appear in the news. I’m sure you are asking yourself, “Is our divorce going to end up that?”.
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:
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.
You and your spouse have worked hard. Through your marital efforts both of you have gained prestige, expertise in your fields, credibility, and acquired high respects both in your profession and your community, and you have acquired assets for which you are both proud. And then there are your children, probably the achievements about which both of you have the most pride.
Divorces are never easy. Divorcing after 50 can certainly complicate an already difficult process. Couples who are older in age and who have been married for a long period of time accumulate more marital assets and liabilities and higher incomes. This does not mean, however, that the process can’t be cooperative. Let’s look at a few reasons why Collaborative Divorce benefits older couples.
Going through any type of divorce is traumatic. But going through a divorce with children is even more exponentially nerve racking and carries with it its own set of issues. Major issues in parenting during and after a divorce, occur around decision-making and timesharing (visitation) or contacts scheduled with your children. Among the timesharing issues are holidays.
These days, more and more couples are exploring alternatives to traditional divorce. One of those alternatives, growing in popularity, is Collaborative Divorce. Thanks to its unique approach of handling disputes and conflicts, this option speaks to many couples looking to end their marriage in a non-adversarial way. What is it and how does it work in Florida? Read on to find out.
Living along the beautiful southeast coast of Florida from Stuart to Boca Raton doesn't shield a divorcing couple from the often painful proceedings involved in a litigated divorce. Lawyers are hired to get all they can for their client. The nature of the emotions involved, the public way the courts are handled, the methods attorneys use to achieve their results along with the time, energy and expense it takes to settle a case frequently creates a toxic environment that creeps into the home like a gloomy fog. It sounds like a "lose, lose" situation.
Collaborative divorce is a less expensive, less adversarial, more confidential and a quicker way for parties to successfully dissolve their marriage than the traditional litigation model for a divorce. Nevertheless, some misinformed family law attorneys have criticized collaborative divorce as a useful and viable way for parties to end their marriage. Here are four of the most common myths about collaborative divorce and why they are incorrect.