How to Determine if Collaborative Divorce Right For You

Not all divorces involve animosity and contention. Many couples have a long-history of love and respect for one another, and want nothing more than a fair and equal divorce. For such couples, there is a new, emerging trend in the field of alternative dispute resolution that supports this method of divorce. It is known as collaborative divorce, and it could very well be the solution your family is looking for.

Continue reading to learn some facts and legal principals surrounding collaborative divorce, including how to determine if it is right for you.

Collaborative Divorce Lawyer Orlando
Collaborative Divorce Lawyer Orlando Florida 407-887-7058

Collaborative Divorce Basics

In conventional divorce cases, spouses often view each other as opponents or enemies, which can set the tone for a challenging and contentious divorce process. In contrast, collaborative divorce is a non-adversarial, out-of-court approach to legally ending a marriage. It places the focus on finding solutions for family legal issues, rather than accusations and provocation, which helps achieve a mutual settlement without litigating. Overall, it tends to make the divorce process easier and produce a more positive outcome.

The Collaborative Law Process

In the collaborative divorce process, the divorcing couple works as a “collaborative team” alongside a single collaborative divorce lawyer who represents them both. In a safe and constructive environment, everyone works together to devise a divorce plan that is equally satisfying and fair to each spouse.

Prior to getting started, a written agreement is drawn up and signed by both parties in the presence of their lawyer to mark their promise to use trust and fairness when negotiating a resolution, and to disclose all information and documents relevant to their case. Once all divorce arrangements are agreed upon, both parties enter into a comprehensive and legally-binding written agreement that authenticates the details of the divorce and settlement.

Many people confuse divorce mediation with collaborative divorce since they are both forms of alternative dispute resolution. Although they are similar negotiation approaches, they are quite different. See our blog, “The Difference Between Mediation and Collaborative Divorce” to learn more about alternatives to dispute resolutions.

Benefits of Collaborative Divorce

There are various benefits to collaborative divorce, which is why it is becoming more and more popular in the legal field. Not only does collaborative divorce support and promote an ultimate resolution, it usually renders one quickly. Furthermore, divorcing collaboratively can save on legal fees since you share one collaborative divorce lawyer. Best of all, collaborating your divorce will spare you from stress and bitterness, and also protect your children from being exposed to the dramas of divorce.

When Making the Decision…

Although collaborative divorce has several benefits, it is not for everyone. It is important to discuss your divorce questions with a seasoned divorce attorney who can give you the information and counsel you need to make an informed decision. Keep in mind that, once the collaborative divorce process begins, if one spouse decides to pursue litigation rather than continue with collaboration, the shared collaborative lawyer will have to resign, and both spouses will have to retain new and separate representation.

Call an Orlando Collaborative Divorce Lawyer

Contact the Law Office of Shane T. Herbert at 407-887-7058 to speak with a seasoned collaborative divorce lawyer in Orlando, Florida. From traditional and collaborative divorce litigation, to alimony, child support, child custody, and everything in between, we can navigate all aspects of your family legal matters from start to finish. For your convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-887-7058

The Difference Between Legal Separation and Divorce

Ending a marriage is a big decision, which is why it is in a couple’s best interest to understand all of their options before parting ways permanently. Aside from divorcing, a couple might choose to legally separate instead. Although both implemented under legal procedure, they are different types of marital arrangements.

Continue reading to learn the difference between legal separation and divorce, including Florida laws regarding both.

Marriage Lawyer Orlando, Florida 407-887-7058
Marriage Lawyer Orlando, Florida 407-887-7058

Divorce

Divorce is the legal dissolution of a marriage by a court. So when married couples divorce, they are legally terminating their marriage. After a divorce is finalized, each person is entirely disassociated with the other under law, including property, insurance, finances, and liability. Although most are familiar with the general facts of divorce, the laws surrounding it vary greatly among states.

Here in the state of Florida, there are three requirements to get a divorce. A spouse must show proof that the marriage took place. Then they must prove that they (or their spouse) were a Florida resident for at least six months prior to filing. And last, they must prove that the marriage is irreversibly and forever damaged. There are different types of divorce options as well, such as collaborative divorce and divorce mediation. See our blog, “The Difference Between Mediation and Collaborative Divorce” to learn more.

Legal Separation

Couples who want an alternative to divorce might opt for legal separation. Under the arrangement of legal separation, a couple remains married under law, but lives separately from one another. The details of legal separation vary from couple to couple, but all prohibit either spouse from remarrying or entering into a domestic partnership unless they terminate the marriage legally via divorce or annulment.

This progressive approach to splitting up is less severing than divorce, and ultimately, reversible. Unlike the commitment of divorce, legal separation allows a couple to split up without permanently changing any of their legal marital terms. This time can allow couples to decide whether or not divorce is ultimately the best decision for them. It can also provide the conditions necessary for couples to work through their problems, either individually or through marital counseling.

Keep in mind that legal separation is not permitted in all states. Here in Florida, the law DOES NOT recognize any legal documentation or marital separation. This means that if you and your spouse choose to separate, Florida law will not support any legally-binding arrangement made between the two of you if you decide to divorce down the line.

Not Sure if Divorce is Right For You?

If you are married and reconsidering your relationship, but are not ready to file for divorce, you may still have other legal options. Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned Orlando marriage lawyer. Our Florida family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. And for your added convenience, office visits are not required for initial consultations! You can choose to have your first appointment over the phone or even video conference, if needed.

Orlando Family Lawyer 407-887-7058
Shane T. Herbert Law 407-887-7058

The Difference Between Mediation and Collaborative Divorce

In last week’s blog, we discussed the various benefits of divorce mediation, including how it serves as an alternative to divorce court. As assured, in today’s blog we will discuss the difference between divorce mediation and collaborative divorce. Many divorcing couples are confused about these two legal processes, so clarifying some pertinent facts about each divorce option is an important step to making the right choice for terminating your marriage.

Continue reading to learn the difference between mediation and collaborative divorce, including advice on how to choose which route is right for you.

Orlando Collaborative Lawyer
Orlando Collaborative Lawyer 407-887-7058

Divorce Mediation

Mediation is a method used in the dissolution of marriage to negotiate all facets of legally terminating a marriage. Such facets might include money, assets, spousal support, property division, child support, child custody, and more. Normally, mediation involves a group effort that includes each spouse, both of their private divorce attorneys, and a mediator. A mediator is a neutral third party that is hired to discuss, negotiate, and resolve all matters related to a divorce. Your divorce attorney can refer a certified mediator, or you can hire one personally. To learn more about mediation and divorce, review our aforementioned blog, “The Benefits of Divorce Mediation.”

Collaborative Divorce

So how does mediation differ from collaborative divorce? Well, there are many aspects of collaborative law that separate its practices and methods from divorce mediation. Rather than hiring a mediator and two separate divorce lawyers, collaborative divorce is an approach in which divorcing couples hire a solitary collaborative divorce attorney who is specially-trained and experienced in collaborative practice.

Similar to a mediator, a collaborative divorce attorney will work with both couples simultaneously to resolve all aspects of a divorce and reach a settlement agreement. In contrast to a mediator, a collaborative divorce lawyer can also handle all legal processes of divorce as well, and set all agreements and settlements into motion. It is somewhat like hiring a divorce lawyer and mediator in one. Couples who are divorcing amicably or wish to divorce with full cooperation are well-suited for this option.

Where to Get Legal Advice for a Dissolution of Marriage in Florida

Contact Attorney Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned collaborative divorce lawyer in Orlando, Florida. You can choose to have your first appointment over the phone or even video conference, if needed. If you choose an in-office visit, our family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. We look forward to helping you resolve your family legal matters.

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-887-7058