Collaborative divorce is a voluntary process in which couples, with the assistance of collaboratively- trained professionals, work toward reaching a settlement on fair and equitable terms without the financial and emotional cost that often accompanies litigation. Through the Collaborative Divorce process, the parties chose to resolve the issues in their dissolution in a mutually beneficial way, outside of the court system. In a collaborative divorce, the parties are empowered to make their own decisions and customize the terms of an agreement based upon their particular needs and interests.
Personalized and Experienced Representation
You are thinking about or have made the decision to get divorced. The question now is how you will become divorced? If you think that Collaborative Divorce might be the right process for you, call our Winter Park family law attorney for a free consultation to discuss all of your options. Find out what needs to be done, how long it will take and what it will cost. When you call our Winter Park family law firm you will speak directly with Jennifer Dane. Mrs. Dane will personally handle all aspects of your collaborative law family case. Your case will not be assigned to a less-experienced attorney or paralegal. Jennifer Dane is the only attorney that will speak to you on the phone, meet you in person and attend court with you. Your family law issue will get her full attention.
Why Collaborative Law
Collaborative Divorce is for parents who want to protect their children from the collateral damage that may result in divorce. The stress, conflict and uncertainty that are present in a divorce or separation can be risk factors for compromised child development.
The Collaborative Process commences before any action is filed in Court. It is a private matter between the participants and their professional team, guided by private contracts. There are no hearings or depositions. All meetings are held in the offices of the Collaborative Professionals. Collaborative Divorce allows the participants to exchange information and documentation in a private forum with transparency and trust facilitated by their professional team.
Collaborative Divorce helps participants reach a settlement in a cost-effective manner while attempting to preserve family resources and the relationship between the separating spouses or partners. Making good financial decisions during the divorce process is crucial step towards achieving a positive and equitable outcome that each spouse or partner can live with.
Keep Moving Forward
The Collaborative Process can present a less disruptive end to a marital or partner relationship that can enable participants to move constructively into their future lives. Since the Collaborative Divorce team works together in a non-adversarial manner to propose solutions, the participants have the opportunity to transition their relationship in as positive a manner as possible.
Leaving the Courts out of it
A collaborative divorce case then progresses without the difficulty of the Court system. The parties and counsel will meet in a series of sessions at one location which is attended by a forensic CPA chosen mutually by the parties to assist with their financial issues and by a collaborative facilitator to assist with their communication skills. The lawyers’ jobs are to facilitate the creation of a broader range of possible settlement alternatives for both parties than would otherwise be available in Court. This process provides higher quality, individualized solutions which both parties find acceptable rather than turning their lives over to a Judge who may or may not understand their needs and desires.
The Collaborative Law Process Explained
Collaborative Divorce offers divorcing or separating parents an opportunity to create their own post-divorce parenting relationship. With the guidance and help of the Collaborative Team which includes a Mental Health Professional, the participants craft a parenting plan together, prioritizing the children’s best interests. This approach allows the family the opportunity to control the process, potentially mitigating the stress and uncertainty that comes from a contested divorce.
To begin the process, the parties sign a Participation Agreement. The Agreement requires the parties to commit to joint sessions intended to resolve their family law issues amicably and without the necessity of court action. The Participation Agreement also requires the parties to voluntarily exchange all financial documents necessary for both parties to make informed financial decisions, to agree to confidentiality of all communications made during the collaborative process, and to agree that the collaborative lawyers will withdraw their representation and not represent their clients in court if the process does not yield an agreement.
After each party meets independently with the Mental Health Professional, the parties, their Collaborative Family Lawyers and the MHP will conduct joint meetings to work towards settlement of all outstanding family law issues. If an agreement is reached, a Marriage Settlement Agreement or other agreement is drafted and signed by the parties. Thereafter, the Miami Collaborative Family Lawyers would prepare a Joint Petition for Dissolution of Marriage, a Joint Answer to the Petition and would file the Settlement Agreement with the Court.
Each spouse has a Collaboratively -trained attorney and often other professionals such as mental health and financial experts who all work together as a team to facilitate the couple reaching agreement.
By choosing Collaborative Divorce, instead of a potentially more costly, contentious and less private court-based approach, the couple maintains control over the divorce process and its outcomes, with the help of trained professionals, who will help guide you toward solutions tailored to your family’s unique situation. The needs of the children and each individual spouse are kept paramount, enhancing the prospect for healthy outcomes for all family members.
Call an Experienced Collaborative Law Family Lawyer
Collaborative divorce is a real option for people who want to end their marriage in the most amicable way possible. If you would like to discuss your case with a collaboratively trained attorney, contact our collaborative attorney, Jennifer T. Dane, in Winter Park, Florida to discuss your options 407.260.0500.