Are you looking to hire a collaborative divorce attorney in Orlando or anywhere in Central Florida? If you prefer to resolve your dissolution of marriage case outside of the courtroom, and without an intrusion into your finances, family life, and personal affairs, hiring a collaborative divorce lawyer to orchestrate your dissolution of marriage may be the right decision for you and your family.
Generally, if the parties bring an action before the court and cannot reach an agreement on their own through mediation or settlement, a judge (who is for all intents and purposes a virtual stranger) will decide the outcome of all aspects their case upon the presentation of evidence. Family law trials are contentious and can cause resentment. If the courtroom is not appropriate for you, there is a way that you and your spouse can work out the details of your divorce without the need for a judge wrest control from your hands. Let’s talk about the collaborative divorce process. Jonathan Jacobs is a divorce attorney in Orlando and a divorce attorney in Clermont Florida.
The Collaborative Divorce Process
Envision a lovely conference room where you are with your collaborative divorce lawyer as well as your spouse and his/her attorney. Also present are a mental health professional and a financial expert (the parties may choose to hire additional professionals to ensure the success of the proceedings). These trained professionals have come together to give you and your spouse the opportunity to resolve all of your issues on your own terms in the safety and security of a confidential and comforting environment. In this collaborative divorce process, the mental health professional acts as a neutral party whose role is to ensure both parties are calm, and making rational decisions without interrupting the process. These are among the most educated and level-headed people that are assembled to help you when you need them the most. Collaborative divorce may be particularly helpful in three situations: 1. when the parties need to organize same sex divorce with an adoption, 2. when the parties have an upper-tier income threshold, and/or 3. when the parties want to relocate with a minor child.
Collaborative divorce affords the parties the opportunity to have a Certified Public Accountant and or a financial planner to provide them with the knowledge that in equitably distributing their assets, they are making the best decision for everyone involved and doing so lawfully. Knowing about tax consequences ahead of time can be a major benefit to the parties. In the collaborative divorce process, the backdrop is that the process will be open, and the parties will work together to preserve their assets, and ensure the best financial future for everyone involved.
It is contemplated in collaborative divorce in Florida that there do not need to be discovery requests. There should be no hidden documents and the parties are not supposed to fear openness. The point of the collaborative divorce process is that the parties are preventing the ugliness of a courtroom battle over every last dollar.
Collaborative Divorce Attorney in Florida
The Florida Collaborative Divorce Statute 61.56 section 4 defines the collaborative legal process as “intended to resolve a collaborative matter without intervention by a tribunal and in which persons sign a collaborative law participation agreement and are represented by collaborative attorneys.” Without a tribunal indicates that the case will not be decided by the court. Rather, the parties, their attorneys, and all of the support team assembled (accountants, psychologists, and other trusted advisers) will assist the parties in resolving their case outside of court. Florida Statute 61.57 makes it clear that the parties must enter into a collaborative law agreement on their own accord. The court cannot order spouses to collaborative divorce. This is further reinforcement that collaborative divorce in Florida is entirely voluntary. Collaborative divorce is technically a form of uncontested divorce in Orlando.
Collaborative Divorce in Florida is Expensive
Collaborative divorce in Florida is expensive. So is paying attorneys multiple retainer fees to litigate a substantial family law case involving life-altering issues such as child custody, child support, the equitable distribution of marital assets, and alimony. The primary difference is a collaborative divorce attorney is trained to help you and your spouse be the decision-makers in your divorce rather than the judge. Literally, the choice is yours. Collaborative divorce can be done in same sex divorce cases as well.
Jonathan Jacobs is a divorce attorney in Orlando and a divorce attorney in Clermont Florida. If you would like to learn more about collaborative divorce in Florida, please call us at (407) 310-5636. We will be happy to hear from you!