The goal of collaborative divorce is to avoid conflict and come to a resolution that works for both parties. Legal Matters such as divorce, child support or custody are often seen as “battles”. This is due to the disputers between parties. When it comes to settling disputes, a collaborative approach is the best approach. According to Harvard Law School, the best route to go with disputes is through an “integrative negotiation” where there is joint fact-finding.
Collaborative Divorce? Learn new ways to get through it
Collaborative divorce is an attractive alternative to divorcing through litigation. With a collaborative divorce, the couple works together, each person with their attorney to draft the divorce settlement that is going to work best for both of them. Meaning they can go outside the guidelines for property division, alimony, and parenting plans. Imposed by Florida law to create a modification that truly suits the family’s needs. If this is something you are facing or considering, discuss it with the appropriate lawyer who can understand.
Share with Your Spouse What You Really Want
In a collaborative divorce if you and your spouse decide how you want to divide your marital assets. You have to specify the asset, like ownership of your vacation property, this is the time to speak your preference and what you are willing to “give up” in order to achieve your divorce goal. You can adjust creative ways to break your assets, like sharing the vacation property with a timeshare-like agreement. Be clear on what you want, and how it would work between you guys.
Establish a Well Rounded Parenting Plan for Your Kids
When the court develops a parenting plan, it follows the guidelines set in Florida law to develop the plan that best serves the child’s personal needs. Establishing a plan that is in your child’s best interest is always something you should strive to do and be prepared for.
Rather than the court creating the plan, and you establishing it. There is more flexibility and control to establish a plan that works best with your family. In many cases, this is easiest when you have help from a child custody evaluator. The parenting plan you establish might veer a lot from the “typical” shared parenting plan like the child spending a lot of his or her time with one parent and every other weekend with the other parent. Yours might involve split weeks or even a modern take on co-parenting like a bird-nesting arrangement. With a collaborative divorce, you craft the parenting plan that suits your family’s needs.
Create an Agreement that Will Make You Both Happy
Maybe you would rather take a larger share of your marital savings than seek alimony. Or maybe you want to settle as much of your marital assets as possible and use the funds to start fresh on the next chapter of your life. These types of arrangement are possible with collaborative divorce. The only limit to your ideal, self-directed settlement is your spouse’s willingness to work cooperatively with you to reach it.
Work with an Experienced Winter Park Divorce Attorney
If you are considering a collaborative divorce, work with a Winter Park divorce lawyer who has extensive experience handling this type of divorce. Contact our team at Sperling Ducker PLC today to set up your initial legal consultation with a member of our team.
A collaborative divorce is an attractive option for many couples. With a collaborative divorce, the spouses work together to create the terms of their divorce settlement, then submit this settlement to the court to be finalized. It minimizes tension, conflict, and the expenses both partners face to complete their divorce.
The lack of court control with collaborative divorce can be a blessing and a curse. Sometimes, having court oversight is beneficial because the court relies on evidence and the law, not emotions or personal relationships, to make decisions. Even a couple who can work together to effectively divide their property can have difficulty making determinations about their children’s parenting plan. If you are a couple like this, consider having the court rule on your children’s parenting plan and working that ruling into your settlement.
Submitting your Uncontested Property Division Plan to the Court
In order to complete an uncontested divorce, you and your spouse must agree on every term of your proposed divorce settlement. Even one disagreement means you have an uncontested divorce and must go through the process of having that disagreement sorted out in court.
If you agree to your property division terms, you can move past this part of the process and onto the contested areas of your divorce.
Involving the Court in your Parenting Plan Order
The court acts in your children’s best interest. It is nearly always in a child’s best interest to have a continuing, consistent relationship with both parents after their divorce. On a more micro scale, serving a specific child’s best interest could mean living primarily with the parent who resides in a town with a more academically rigorous school system or with the parent who is more involved with the child’s day-to-day tasks, like helping with homework and involvement in his or her extracurriculars.
To make an appropriate determination about a child’s parenting plan, the court considers a long set of factors about the child’s needs and the parents’ lifestyles. These include any history of domestic violence in either parent’s home, the child’s relationship with each parent and the others in their households, and each parent’s willingness to cooperate with the court on orders regarding their child. In some cases, outside parties like child custody evaluators are brought in to help the court determine the right parenting plan for a divorcing couple’s children. The parents can also help the court reach its determination by providing evidence that sheds light on the child’s lifestyle and needs, like copies of the child’s report cards and medical record.
Work with an Experienced Winter Park Collaborative Divorce Lawyer
If you are planning to end your marriage, speak with an experienced divorce lawyer to learn more about collaboration and how it might fit into your divorce plan. Every divorce is unique, and you might find that collaboration can work for you and your spouse. To learn more, contact our team at Aubrey Law in Winter Park today to set up your initial consultation in our office.
If you established your small business after you were married or it grew considerably in value during the marriage, it is subject to equitable division alongside your other marital assets during your divorce unless you specified in a prenuptial agreement that the business is a piece of separate property.
By choosing to divorce through collaborative law, you retain greater control over the property division process. As a business owner, choosing a collaborative divorce can be a strategic move – rather than having the court value and divide your business, you and your spouse can work together to find a post-divorce business solution that works for you. Consider the following ways a business owner can benefit from opting for a collaborative divorce:
You can Split the Business in a Way that Makes Sense for you and your Spouse
Generally, a couple who runs a small business chooses one of the following options in their divorce:
- Selling the business and splitting the proceeds;
- Altering the structure of the business to be a partnership so both parties hold a separate interest in it; or
- One partner buying out the other’s share of the business while the other recoups the loss of the business share with a larger share of the couple’s other assets.
In all of these scenarios, the business must be appraised. There are a few methods the court may use to value a small business. With collaborative divorce, you and your spouse can choose the valuation method you feel is most effective and determine how to divide the shares, especially if you do not plan to divide it equitably. For example, one spouse might want to retain a small interest in the business as an investment while the other takes on its day-to-day operation. In a collaborative divorce, you can be more creative with your post-divorce business plan, which can even include continuing to operate the business together.
Handling the Division of your Business and Other Assets Privately can Save Time and Money
For a business owner, saving money is always a priority. As you know, time is money – the more time you spend in court to work out the details of your divorce, the more money you have to spend and the less time you have to work on building and maintaining your business.
Personal debt you accrue from paying for a traditional divorce can also impact your credit score, which in turn can impact your ability to take out the business loans you need to grow your company.
Work with an Experienced Winter Park Collaborative Divorce Attorney
For a divorcing business owner, collaborative divorce has many benefits. Contact Aubrey Law today to schedule your legal consultation in our office and learn more about these benefits. After speaking about your case with an experienced Winter Park divorce attorney, you will know whether collaborative divorce is the right choice for you.
After doing some research on alternative dispute resolution methods for your divorce like mediation and collaborative divorce, you will probably weigh the pros and cons of each type of divorce to determine which is the ideal choice for you and your spouse. If you are a parent, it is important to consider how each type of divorce will also impact your children, because they will be affected by the divorce as much as you and your partner are.
Keep the following points in mind when you talk to your spouse about the benefits and drawbacks of a collaborative divorce.
Parents can Save Money with Collaborative Divorce
One of the greatest benefits of choosing collaborative divorce is the amount of money you can save by taking this route. Like any other divorce, there will be fees to pay, including the costs of any outside professionals brought in to aid with the divorce like a child custody evaluator or a real estate appraiser, but generally, a collaborative divorce is less expensive than a courtroom divorce. Saving money on your divorce will put you in a better position to provide for your children after it is settled.
A Child’s Preference can have More Weight in a Collaborative Divorce
When the court determines an appropriate parenting plan for a child, the child’s preference may be considered. It is never the sole determining factor, but it has some weight, especially with older children and teenagers.
When you and your spouse are the ones determining your parenting plan, you can consider your child’s preference as much or as little as you would like. With a collaborative divorce, you get to determine which factors are most crucial when developing a parenting plan, not the court. You know your child and your family best, so retaining this control can be the key to developing a plan that is truly in your child’s best interest.
Collaborative Law Keeps Conflicts to a Minimum
The ultimate goal of a collaborative divorce is for the couple to work cooperatively to reach their divorce goals. By working together, rather than being pitted against each other in a courtroom setting, the couple can set the tone for their co-parenting relationship. Successful co-parenting requires many of the same skills as a successful collaborative divorce, such as:
- Willingness to cooperate with a partner;
- An ability to articulate one’s own position and listen to understand the other’s position; and
- A focus on the greater good for all parties involved.
Work with an Experienced Winter Park Collaborative Divorce Lawyer
Depending on your specific marriage and divorce details, a collaborative divorce could be the ideal choice for you and your family. There could also be reasons why collaborative divorce is not the right fit, in which case you should consider divorcing through another method. To learn more, contact Aubrey Law today to schedule your initial legal consultation with an experienced Winter Park divorce lawyer.
Many couples choose collaborative divorce because of its benefits, like its low cost compared to litigation, the non-combative nature of the process, and the greater likelihood that they will reach a mutually satisfying settlement through collaboration. The benefits of collaborative divorce do not stop here. Many other people in a divorcing couple’s lives, particularly their children, can reap significant benefits from the couple’s choice to do a collaborative divorce.
If you are considering collaborative divorce, think about how your choice will impact the other people in your life now and those who might enter it in the future. Of course, the decision to divorce through collaboration should be made according to whether it is the right choice for you and your spouse – if it is the right choice, its benefits will ripple to your other relationships.
The most important aspect of a collaborative divorce is the actual act of working together with a spouse to create a divorce settlement that benefits both parties. Collaborative problem solving is a skill that a divorced individual can continue to use in interactions with the former spouse and new partners in the years that follow his or her divorce.
After you and your spouse, your children are the ones who can benefit the most from your collaborative divorce. This is because through the collaborative process, you are the ones to determine your parenting plan, rather than the court. You know your children and their needs best and if you and your spouse are willing to work together, can develop an ideal parenting plan that promotes productive co-parenting.
Your Families and Mutual Friends
When a couple divorces, it is natural for their families and friends to feel they have to “take sides.” This can be very difficult for individuals who are equally good friends with both halves of a couple and even family members who have grown attached to their in-laws. Choosing collaboration generally makes it possible for the divorcing couple to remain on good terms, which can make the divorce easier for their friends and loved ones.
Your Future Partners
You or your spouse might date again. You might even marry again and have more children with a new partner. Having a poor relationship with a former spouse can hurt new relationships, especially when there are children involved. Effectively communicating and co-parenting with a former partner can make it easier for a new partner to enter your life and your children’s lives. It can also make maintaining this new relationship easier by eliminating the chance for conflict with a former partner on issues related to your children.
Work with an Experienced Winter Park Collaborative Divorce Lawyer
Before you commit to a collaborative divorce, speak with an experienced Winter Park divorce lawyer about the specifics of your case. Your lawyer could find that collaboration is right for you or he or she could steer you in a direction better suited for your case. Contact Aubrey law today to set up your flat-rate consultation in our office.
Choosing a collaborative divorce over ending your marriage in the courtroom can save you time, money, and stress. Simply making the choice to divorce this way is not a guarantee that the divorce will be easy, though. You can make mistakes during your collaborative divorce that set the process back, cost you money, and can make it impossible to complete the process. Understanding these mistakes before you begin the divorce process is the key to avoiding them.
Refusing to Compromise with your Spouse
A collaborative divorce only works when you are willing to compromise with your spouse. Before your first collaborative divorce meeting, sit with your lawyer and make a list of your priorities for the divorce, ranked from highest to lowest. Brainstorm the compromises you are willing to make and those on which you stand firm. If you are not willing to budge at all, you will not be able to reach a mutually satisfying settlement.
Being So Willing to Compromise that you Do Not Advocate for Yourself
The opposite of refusing to budge on your priorities is being so willing to acquiesce to your spouse that you come away from the divorce with nothing you wanted. Remember, this is your divorce too. These are your marital assets, your children, and your future. Be willing to advocate for yourself and know when to put your foot down.
Not Taking Care to Anticipate and Manage Disagreements
You should know where you and your spouse stand on issues like alimony and parenting time before you start working on your collaborative divorce. When you identify your priorities with your lawyer, brainstorm ways to resolve the conflicts that you think will arise. Talk about these conflict resolution strategies with your spouse before the meetings as well and stick to the resolution protocol that you establish.
Being Unrealistic About your Divorce’s Outcome
Your lawyer can help you bring your expectations for the divorce in a realistic direction. Unless your spouse is violent, suffers from a crippling addiction, or otherwise puts your children in danger when they are together, chances are you will not have sole custody of the children. Similarly, do not expect to come away from the divorce with all of your marital assets simply because you worked outside the home while your spouse worked as a homemaker. You are both entitled to a fair share of your marital assets and the opportunity to maintain a consistent relationship with your children. Enter the divorce process knowing that although you will probably not get exactly what you want, you can work with your spouse to reach a settlement that gets you pretty close.
Work with an Experienced Winter Park Collaborative Divorce Lawyer
A collaborative divorce is a great way to complete the divorce process in an amicable, stress-free way. If you are interested in ending your marriage through this process instead of the traditional courtroom divorce, contact Aubrey Law today to schedule your initial consultation with an experienced collaborative divorce lawyer in Winter Park.
There are a few different ways a couple can divorce. One of these is through traditional courtroom litigation, which can be stressful and expensive. Another is collaborative divorce, a process through which the couple works together to determine their divorce settlement with little or no outside influence. A third option is mediation, which is similar to collaborative divorce in that it eliminates the stresses and expense of the courtroom. But rather than reaching their settlement terms completely on their own, couples who divorce through mediation reach theirs through a series of discussions guided by a neutral third party known as a mediator.
Ask yourself the following questions to determine if you should consider mediation:
Are you Willing to Compromise and Be Flexible?
Mediation is all about give and take. Are you willing to prioritize your divorce goals and potentially give up certain goals in order to reach others? If so, mediation might be the right choice for your divorce.
Do you Trust your Spouse?
Mediation only works when both spouses are completely honest about their assets and their divorce goals. If you think your spouse might be hiding something from you, such as hiding assets in a secret bank account or concealing certain actions during the marriage, mediation is not the right course of action for your divorce.
Can you Speak Well About your Spouse as a Parent?
Couples who choose mediation need to have amicable relationships. Although he or she might not have been a good spouse for you, is he or she a good parent to your child? Can you proactively work with him or her to develop a co-parenting plan?
Are you Afraid of your Spouse?
If you are afraid of your spouse, do not seek mediation. It does not matter if you fear for your physical safety or if you simply fear that your concerns will be ignored because of his or her personality – if you have any doubts about your ability to mediate your divorce as equals, do not seek mediation.
Are you and your Spouse on the Same Page About your Finances?
One of the most important components of any divorce is the division of the couple’s assets. If you do not know the current state of your marital assets, how can you effectively advocate for yourself during your mediation? Not knowing your current asset pool does not necessarily mean that you should not seek mediation. If you are willing and able to get yourself up to speed about your marital assets and debts to speak authoritatively about them during mediation, consider doing this as part of your divorce preparation.
Work with an Experienced Winter Park Divorce Lawyer
Mediation is not right for everybody and there is nothing wrong with that. If you are not sure whether mediation is the right divorce method for you, discuss your concerns with an experienced Winter Park divorce lawyer. Contact Sperling Ducker today to set up your initial consultation with our firm.