If you are interested in a collaborative divorce, call us today at (407) 420-2311. At The Law Office of Paulette Hamilton, our Orlando collaborative divorce lawyers have over 15 years of experience in divorce and family law.
Some spouses do not want to fight in court to resolve divorce issues. Instead, they prefer to keep matters private. Therefore, they choose to negotiate a divorce settlement through the collaborative divorce process. The collaborative divorce process allows spouses to develop a divorce settlement that meets their specific needs without the stress, time, and expense of a court battle.
When you consider a collaborative divorce, it is crucial that you hire an attorney with experience handling collaborative divorces. A collaborative divorce attorney understands the law governing these types of divorces in Orlando, FL and how to protect your rights throughout the process.
How Our Orlando Family Law Attorneys Help You With a Collaborative Divorce in Florida
Our legal team customizes an approach for each client. We understand that your situation is unique, and you need a legal strategy based on the circumstances relevant to your divorce.
When you hire our top-rated Orlando divorce attorneys, you can trust we will:
- Explain the Florida collaborative divorce process and the rules for a collaborative divorce
- Analyze the factors and circumstances of your situation to determine if a collaborative divorce may be right for you
- Discuss the pros and cons of a collaborative divorce to give you the information you need to make the best decision for you
- Prepare and review all documents and agreements for a collaborative divorce
- Assist you in prioritizing the terms you desire for a collaborative divorce agreement
- Diligently represent your best interests throughout each stage in the collaborative divorce process
- Work with you to protect your parental rights, financial interests, and property rights
At The Law Office of Paulette Hamilton, we are committed to helping you understand your options so that you can make informed decisions. Call today to schedule a case evaluation with an experienced Orlando divorce lawyer.
What Is a Florida Collaborative Divorce?
Florida law outlines the process for a collaborative divorce. The collaborative divorce process allows a couple to work together to resolve issues related to their divorce without going to court. Agreeing to seek a collaborative divorce is voluntary.
The couple must sign an agreement certifying their desire to use the collaborative divorce process for their divorce. The agreement outlines the rules for a collaborative divorce so both parties are aware of their responsibilities and obligations during the process.
Even though you work outside of court to resolve your disputes and negotiate a collaborative divorce agreement, the court must approve the agreement to grant your divorce. You cannot legally divorce without going through the family court. However, using the collaborative divorce process reduces the time you spend in court and keeps important decisions in your hands instead of a judge presiding over your case.
What Are the Benefits of Using the Collaborative Process for a Divorce in Florida?
A collaborative divorce offers many benefits for a couple seeking a dissolution of marriage. Advantages of a collaborative divorce include:
Increased Privacy
Obtaining a collaborative divorce is more private than litigating disputes in court. When a divorce goes to trial, financial records and other evidence become part of the public record. Information and details about your marriage and other matters may be disclosed in court. You may be questioned about sensitive matters during your testimony.
A collaborative divorce avoids these situations. The negotiations are private and confidential. The things you discuss during your meetings are not a matter of public record.
Less Costly and Time-Consuming
Litigating a contested divorce can be expensive. Your attorney must spend a great deal of time engaging in discovery and preparing for trial. Therefore, litigation increases attorneys’ fees. You may also have other costs, including court costs, deposition fees, and investigative costs.
A contested divorce could take more than a year to go to trial. Participating in a collaborative divorce can reduce the costs and time involved in obtaining a divorce.
Reduced Emotional Distress
Contested divorces are inherently adversarial, which can be incredibly stressful. The collaborative divorce process is less contentious. Parties agree to negotiate a divorce settlement without allowing their emotions to control their decisions, which can reduce stress.
More Control Over the Process and the Outcome
Leaving important decisions about your family to the court usually results in a divorce order that does not please either party. In a collaborative divorce, you have more control. You and your spouse understand your situation and your children better than the family court judge assigned to your case. Therefore, you can develop a divorce settlement that is in the best interest of the family.
Preserves the Relationship Between the Parties
Fighting in court often leaves spouses embittered, which can make it difficult to co-parent. Even if you do not have children, a hard-fought divorce can be traumatic for both spouses. A collaborative divorce allows spouses to work together in a non-adversarial process to resolve disputes, which helps maintain a healthy relationship.
What Is the Process for a Collaborative Divorce in Orlando, FL?
Even though the collaborative divorce process occurs outside of the court, Florida law sets rules for the collaborative divorce process. Generally, the basic steps in a collaborative divorce are:
Sign a Collaborate Law Participation Agreement
If spouses agree to use the collaborative divorce process, the first step is to sign a Collaborative Law Participation Agreement. Both spouses and their attorneys sign the agreement. Each spouse must hire a collaborative divorce lawyer to represent them during the process.
The spouses and their attorneys agree to work together to develop a divorce settlement outside of the court system. Spouses work together to reach a mutually acceptable agreement that considers the needs and interests of all parties.
Should they fail to reach an agreement, either spouse may petition the court for a divorce. However, collaborative divorce attorneys cannot represent the spouses in the divorce action. They must hire new attorneys.
Participate in Discussions and Settlement Negotiations
The parties and their spouses gather all relevant information and share it with each other. Then, they discuss all issues that must be addressed in the final divorce decree. Matters that must be addressed include:
- Property division
- Child support and child custody if the spouses share minor children
- A parenting plan and time-sharing schedule
- Alimony or spousal support
- Division of marital debts
Couples may have unique issues they need to address, such as business interests and estate planning. The couple may need to meet several times to discuss possible solutions and fine-tune a final divorce agreement.
Hire Professional Support
The spouses may agree to hire one or more experts to assist with the collaborative divorce process. These professionals include:
- Certified Public Accountants
- Financial planners
- Child specialists
- Mental health professionals and psychologists
- Business and property appraisers
- Estate planning lawyers
Professionals can help educate the spouses about various options to resolve disputes. The professionals are neutral, so they do not take sides. Instead, they offer sound advice and reasonable solutions to facilitate settlement discussions.
Final Agreement
When the parties have negotiated an agreement encompassing all matters related to the divorce, the attorneys draft an agreement. There may be back-and-forth changes until both parties are satisfied with the agreement.
The agreement is filed with the court. The judge reviews the terms of the agreement to ensure that decisions related to child custody and child support are in the best interest of the child. If the judge approves, they issue a final divorce decree dissolving the marriage and incorporating the collaborative divorce agreement.
Judgment Modifications to a Collaborative Divorce Order in Orlando, FL
As with all divorce decrees, the parties may experience a change in circumstances that would necessitate modifying the court order. Changes in circumstances usually involve child custody, child support, or alimony.
If you need to modify the divorce order, you must petition the court for a judgment modification. You have the burden of proving that the change in circumstances is substantial and justifies changing the current order. Your Orlando divorce lawyer can help you with judgment modifications.
Schedule a Consultation With One of Our Orlando Collaborative Divorce Lawyers
Are you ready to proceed with a collaborative divorce, or do you want more information about collaborative divorces? Contact The Law Office of Paulette Hamilton to speak with an Orlando collaborative divorce lawyer. We can discuss whether a collaborative divorce is right for you or if another type of divorce would be a better option.
