Collaborative Divorce: Achieving your goals without hostility
Collaborative divorce has been increasing in popularity, and for good reason; it helps you achieve resolution in a less draining manner. While collaborative divorce can be a great help to reaching accord, both spouses still must work hard with the assistance of their attorneys.
Time and Usefulness
While collaborative divorce may very well be less time-consuming than standard courtroom proceedings, it will not be easy. It is not uncommon for people to believe that collaborative divorce will somehow be a walk in the park, when in reality, it is still divorce. Disengaging two people’s lives is always going to take time and effort unless the marriage has been very brief. However, the built-in benefit of collaborative divorce is that both spouses have access to a mental health professional to facilitate resolution.
Statistics show a relatively short time period being required for most collaborative divorces. Data gathered by the International Academy of Collaborative Professionals (IACP) shows that the majority of collaborative divorces concluded somewhere between eight and twelve months from commencement, while many courtroom divorces can last well over more than a year. In fact, collaborative divorce moves as quickly as the parties determine, not at the slow pace of the court.
Assets and Standard of Living
The other pervasive issue that causes dissatisfaction in many traditional divorces is the in-depth negotiations often required to divide assets and establish a standard of living. Instead, in a collaborative divorce, both parties, with assistance of a financial neutral, develop several options which they evaluate and discuss on their own timetable, which almost always results in a more rapid and satisfactory resolution.
Under Florida law, the parties’ prior standard of living is merely one factor among many that a judge may consider when determining alimony, asset distribution or child support payments. In a collaborative proceeding, the parties and the neutral experts on their collaborative team are not limited to specific factors, which increases the likelihood of reaching an acceptable solution. Although, it will always be somewhat a compromise, the outcome will have been reached tailor-made to your personal values and goals, not a cold checklist. This is one area in which collaborative divorce can boast a significant advantage over a traditional courtroom divorce; having a neutral financial expert to advise both parties on the best possible choices for their standard of living can result in more satisfied parties at the conclusion of the divorce.
It is also important to note that in March 2016, the governor signed Florida’s Collaborative Law Process Act, which codifies collaborative law and legitimizes this new way to divorce.
Contact A Collaborative Law Attorney
A growing area of law, collaborative divorce can be an excellent fit for many couples. If you believe you may be one of them, your first step can be to call an experienced attorney. Not all attorneys are certified in collaborative divorce, and many who are certified, have limited to no experience. In contrast, the Orlando collaborative lawyers at the firm of Goodblatt · Leo, have significant experience in the collaborative law process, and are happy to help you decide if this process is for you. We are eager to share the many positives of collaborative divorce. Contact us today at 407-228-7007 to set up an appointment.