The collaborative process is more private than a contested divorce that generates court filings, transcripts and hearings in open court. If the children decide to look at the court file in the future, all they will see is the agreement attached to a simple divorce petition.

Collaborative Divorce Law resolutions are reached through a process in which clients have more control. Settlements are designed to meet each party's needs.

Agreements are more sustainable over longer periods of time because they are designed, from the start, to 'play it forward..' and think about future needs.

The non-combative atmosphere of Collaborative Divorce Law

* diminishes hostilities

* allows the divorcing spouses to preserve and enhance the remains of their relationship

* teaches the divorcing spouses to work cooperatively during and after the divorce to manage finances and co-parent children.

No matter how painful or destructive your relationship is today, you have the ability to turn your situation around. You can end the conflict and restore the respect in your relationship. Sound impossible? It's not. It can happen for you through the Collaborative Divorce process..

Because it ends a marriage, divorce can be a painful experience. But divorce is also a new beginning. Recognizing this, many divorcing couples have sought a more constructive process of divorcing. For them, Collaborative Divorce has been the answer.

Despite the contested nature of traditional divorce litigation, 98 percent of cases are resolved without having a judge make the decisions, often on the eve of the trial after substantial amounts have spent preparing for trial.

Collaborative Divorce can reduce the stress, lower the cost and create agreements that are based on your family's unique circumstances.

The goal is to minimize, if not eliminate, the negative economic, social and emotional consequences of protracted litigation to the divorcing spouses and their families. The Collaborative Divorce process is a "win-win" way to divorce.

Collaborative Divorce is guided by a very important principle: respect. By setting a respectful tone, Collaborative Divorce encourages the divorcing spouses to demonstrate compassion, understanding and cooperation. The goal of Collaborative Divorce is to build a settlement on areas of agreement, not to perpetuate disagreement.

From the start, it focuses on problem solving, not blaming or re-airing past grievances. Full disclosure and open communications help assure that all issues are discussed in a timely, non-confrontational manner. Finally, because settlement is reached before filing in court, there is more privacy and no waiting for the multiple court hearings that are usually necessary with conventional divorce.

While Collaborative lawyers are always a part of Collaborative Divorce, other specialists are involved, depending on the family’s needs and circumstances. Such specialists can include child specialists, financial specialists and divorce coaches as part of the divorce team.

Clients have the option of starting their divorce with whichever professional they feel most comfortable with. The clients jointly choose the professionals they need. For example, a couple with no minor children may start the Collaborative Divorce by visiting a CPA trained in the Collaborative Process, while a couple with young children may begin the process with a child or mental health specialist. The divorcing couple and their children benefit throughout the process from the assistance and support of all of their chosen professionals.

How It Works

The parties and their Collaborative lawyers agree upon and sign a Collaborative Divorce representation agreement. The divorcing spouses exchange financial and other information, and participate in negotiations and meetings designed to resolve to all the issues that they face. No motions are filed or argued in court because the agreement is reached before a case is filed in court. The parties do not engage in the formal "discovery." process – often a time-consuming and costly process, especially for small business owners. All financial information is produced voluntarily and no discovery motions are filed, subpoenas issued or depositions taken.

The parties jointly engage the services of a specialist to help with the resolution of complex issues (i.e. business valuations, tax planning or customized parenting plans). Ultimately, all agreements are reduced to writing in a form that is acceptable to the court. By agreement, one of the spouses is designated as the "petitioner." That spouse's attorney prepares the paperwork for the divorce to be served on the other spouse and filed in court so the divorce conforms to all the legal and procedural requirements of Florida law. The lawyers arrange for the case to be placed on the court calendar for the only court appearance that is required -- the final uncontested hearing where the agreement and required paperwork is presented to the court for approval.