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Collaborative Divorce Lawyers in Orlando
What Is Collaborative Divorce?
Collaborative divorce is a way for spouses to end their marriage without going to court. Rather than litigating in a courtroom, they work together with their lawyers to make mutually beneficial settlements concerning their divorce terms, including child custody, property division, alimony, and so forth. Sometimes this is done with the help of other professionals, like financial advisors, counselors, or anyone else whom the spouses and their lawyers think can help them settle potential disagreements. Although Florida does not require collaborative divorce, it can be a cheaper and less stressful alternative to traditional divorce proceedings.
Contact our office to schedule a free consultation with one of our collaborative divorce attorneys in Orlando.
Florida’s Collaborative Divorce Process
In Florida, divorcing spouses may choose to sign a collaborative law participation agreement either before or after they file their divorce petition with the court. Most spouses decide to do so beforehand. If they wait until afterward, they’ll need to jointly notify the court and request a stay from divorce proceedings. The judge will either approve the stay outright or require a hearing to determine the seriousness of the request. If the stay request is successful, trial litigation will only proceed if the collaborative law process is unsuccessful. Throughout the collaborative divorce process, you and your attorneys may need to periodically update the court on the case, outlining communications and the status of contested items.
Once negotiations are complete, the soon-to-be former spouses may sign a settlement agreement outlining the separation terms (custody, alimony, child support, etc.). However, it’s important to know that agreeing to a collaborative divorce does not mean that spouses must settle all their disagreements out of court. If any items remain unresolved, these items alone can be litigated in a courtroom or resolved via mediation. Mediation can also be combined with collaborative divorce, in which case an impartial mediator will facilitate communications between both sides to negotiate one or more outstanding issues.
Is Collaborative Divorce Right for You?
In general, collaborative divorce saves spouses time and money. It can also help spouses preserve a cordial relationship and benefit children by limiting exposure to contested divorce proceedings.
Collaborative divorce may be the right choice for couples that are willing to work together to reach agreements on their divorce terms. It’s important to keep in mind that litigating in court may result in a decision that doesn’t reflect the wishes of either party, merely because the judge will base their decisions on the way that the law applies to their circumstances. However, through collaborative divorce, each party retains the authority to decide where they are willing to give and take. It is a voluntary and negotiation-driven process. Both parties can hire lawyers to represent their financial and parental interests in collaborative negotiations.
Before initiating a collaborative divorce, lawyers must ensure that their client understands the process, its limitations, its potential benefits, relevant laws, possible alternatives, reasonable fees and costs, and how it might help resolve their case. Attorneys must also screen the parties to ensure that there is no history of abuse or violence. If so, they are legally obligated to terminate the collaborative process or verify that steps have been taken to reasonably ensure the safety of everyone involved. In these cases, collaborative divorce can still be a good option, because spouses can choose to include counselors or domestic abuse specialists to aid in facilitating and structuring communications.
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Orlando Collaborative Divorce Attorneys Serving Orange County and Surrounding Areas
If you are facing a separation, we encourage you to contact one of our collaborative divorce lawyers. Our attorneys have 22+ years of combined experience and have successfully guided hundreds of clients through their divorce and family law disputes. You can rest easy knowing that we can help you assess your circumstances and determine whether collaborative divorce is right for you. We pride ourselves on open and honest communication, so you can expect straightforward suggestions regarding your case options.
Call us today at (407) 794-9004 to discuss your case with our team. We accept clients from Orange, Osceola, Lake, and Seminole counties.
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We work hard to keep you informed every step of the way and to answer any questions you may have.
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Honest, Expert Lawyers
Our attorneys will tell you what you need to know, not what you want to hear. We know the law and we know how to position you for the best possible outcome for your family.
Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (407) 794-9004.