What is collaborative divorce?
Most people think of divorce as a heated courtroom argument between two parties who cannot seem to agree on anything. While this is a common scenario, divorce is not always such a disputed process. Many divorces can be achieved outside of the courtroom between two spouses who are willing to work out their own agreements through negotiation. This process is known as collaborative divorce.
In a Collaborative Divorce each spouse retains an attorney and then all four of those individuals, clients and lawyers alike, sign a Collaborative Divorce Agreement that prohibits litigation of the divorce case. The Agreement requires that the parties negotiate until they successfully settle their divorce and then, only after a settlement is reached, is the matter filed with the Court.
Should one of the parties elect to leave the collaboration, then both parties must go through the trouble and expense of retaining a new attorney, as their collaborative attorneys are prohibited from representing them in a contested divorce action. The collaborative approach to a divorce allows the parties and their attorneys to focus on developing win-win solutions to the items in dispute. Be it a Parenting Plan, Equitable Distribution issue, Alimony or any other aspect of their case, the parties meet jointly to work on resolving those issues to the best interest of both of the parties and their children, in any.
Once the case is settled and the Marital Settlement Agreement and Parenting Plan have been executed, then the documents are filed with the Court and the Court can then dissolve the marriage after a quick five minute hearing.
Benefits of Collaborative Divorce
Since collaborative divorce does not require litigation, it is a much faster and less-expensive method of dissolving a marriage. Contested divorce cases must rely on the court’s schedule and availability, which can significantly draw out the time frame of the divorce. Should experts be needed, such as a CPA, or a real estate appraiser, or children’s expert, the parties and their attorneys agree to hire a single expert to assist in their area of expertise. This avoids the time and expense of each party having their own expert battling for their client’s position.
Another primary benefit to a Collaborative Divorce is the serious reduction in the hostility, anger, stress and anxiety of the contested divorce process. In a Collaborative Divorce the parties work together to develop solutions on issues without the hostility and anger that comes from having to pound on the other side to get their way. Collaborative Divorce is called “The Peaceful Alternative to Divorce” for good reason.
Certified Divorce Financial Analyst
At The Law Firm For Family Law, our expert in marital and family law, Gary E. Williams, has been trained in the art of Collaborative Divorce. He has also been through the advanced training program for collaborative divorce attorneys. Mr. Williams is also a member of the International Academy of Collaborative Professionals and he is a past President of the Next Generation Collaborative Divorce Group here in the Tampa area.
Gary is also a Divorce Financial Analyst and is a member of the Institute of Divorce Financial Analysts. This training gives our expert attorney the ability to understand the complex financial issues that may develop in a family law case and how best to settle disputes involving different classes of assets.
Gary also has an MBA and a BA in Business, which gives him the education needed to analyze complicated financial documents and other materials, all of which may be vital to resolving your collaborative divorce.
Hire a Clearwater collaborative divorce lawyer today!
Contact The Law Firm for Family Law today for further information about collaborative divorce! Our legal team focuses on client care and can gladly answer any questions that you may have. We practice nothing but family law and have handled more than 1,800 family law cases over the years, so you can have confidence in our knowledge and experience. We limit the number of cases we handle at any given time so that we can provide our full attention to each case. We also understand that each case is unique and requires an equally unique approach. Call today to schedule your free, initial case evaluation and discuss your case directly with an attorney (727) 531-8737!