Divorce is a tough journey, and the traditional process can sometimes make it even harder. But what if there was another way that focuses on working together instead of fighting against each other?
That’s where collaborative divorce comes in. Instead of going to court and having a judge make decisions for you, you and your partner work together with your own lawyers to find solutions that work for everyone. The goal is to arrive at a fair outcome for both parties.
As seasoned divorce lawyers in Orlando, we put our clients first, and that’s exactly why we advocate for collaborative divorce.
What is a Collaborative Divorce?
Collaborative divorce is for couples who recognize that fighting rarely leads to a resolution. You can’t avoid court if you can’t get along. For this reason, people who wish to stay out of court as much as possible can work towards the dissolution of their marriage through collaborative divorce. This replaces the typical process where they each have an attorney represent them in court.
Collaborative divorce allows for open communication, ensuring that both partners have a say in the decisions that will shape their futures. This approach often leads to more amicable and sustainable resolutions, reducing stress and fostering a positive environment for everyone.
If you’re unsure of how this process works, the family law attorneys at C. Alvarez Law can explain. Our experienced Orlando divorce lawyers can work to protect your best interests every step of the way. Contact us for more information.
What’s Different About Collaborative Divorce?
During a collaborative divorce, you and your spouse can both have attorneys or share a divorce attorney in Orlando, FL. The collaborative nature of the divorce is to attempt to remain amicable and talk through terms so that you can avoid going to court for anything but to file and get your divorce approved.
- The court process can be the most emotionally draining and time-wasting part of any divorce. You have to explain your arguments to a judge who was not part of your relationship, making final decisions for it.
- The judges decide what is fair and can be swayed towards favoring one spouse over another or even hurting both spouses. This can be especially true if you have children, as the judge must do what they think is best for a child they don’t know, and force you and your spouse into a situation neither of you intended. Collaborative divorce is all about trying to avoid this situation at all costs. You and your Orlando divorce lawyer work on the same team as your spouse to find solutions together.
How Will Your Divorce Work?
First, spouses and their attorneys have to agree to deliberately avoid litigation and the immense challenges that come with it. Should one or both spouses back out, the attorneys are bound to the original agreement of not going to court. You’d have to find new divorce attorneys in Orlando and potentially open a new divorce filing, wasting all the time and money you’ve already spent.
Collaborative divorce is a shift in mindset. When you remove the threat of litigation, the only thing that remains is negotiation and effective communication.
The name reflects what it truly is: a collaboration. The people involved are you, your spouse, your Orlando divorce lawyers, and a series of neutral third parties. These can include a mental health neutral and a financial neutral. It’s a team of people who help to untangle all the complicated issues of a divorce. There will likely be hurdles along the way, but the professionals you are surrounded by are here to support and guide you.
You Don’t Have to Like Each Other to Work Together
One of the most critical things to remember is that this is not an adversarial relationship by design. In a collaborative approach, you don’t need to like each other, but you do need to be willing to work together. The focus is on finding solutions, not on rehashing old arguments.
You, your spouse, and your divorce attorneys in Orlando sign formal documentation stating that you will not pursue litigation. This eliminates one side promising to pursue litigation against the other if certain aspects of the agreement aren’t signed off. Each time your lawyers meet, they are guided by the notion that their purpose is to find a mutually beneficial ground instead of threatening the other into accepting.
The process is designed to be respectful and constructive, even if the relationship is strained. You have your own Orlando divorce lawyer to support and guide you, and the goal is to reach agreements that benefit both parties.
So, remember, it’s more about being practical than being pals. Collaborative divorce acknowledges that people can have differences, but it encourages you to find common ground for a smoother and less combative divorce journey.
What Happens if it All Falls Apart?
Collaborative divorce is a private settlement process, and it takes place outside of the court system. You are taking control of your future, and you will be doing it with your spouse. Even if the process completely breaks down despite the efforts of the trained professionals involved, litigation is still a possibility, but not with those same professionals.
The critical distinction is that you and your spouse will need to find new legal counsel. The lawyers involved in the collaborative process are disqualified from representing the parties in court, so new attorneys need to step in. Your divorce attorneys in Orlando, FL, are bound to their original agreement to be collaborative.
While collaborative divorce aims to avoid court, circumstances may arise where it becomes unavoidable. It underscores the importance of good faith and commitment from all parties to make the collaborative approach work, emphasizing communication and compromise to prevent breakdowns in the process.
However, the hope is that the collaborative efforts and open communication fostered throughout the process can ultimately lead to a more amicable resolution, even if it transitions into a more traditional legal setting.
Contact the Attorneys at C. Alvarez Law for Help With Your Collaborative Divorce
People who are more committed to resolution than fighting owe it to themselves and their families to strongly consider pursuing a collaborative divorce. It’s a unique approach and can eliminate the stress of constantly worrying about litigation and costs less or just as much.
This is one of, if not the best way to divide your assets and, if you have children, create custody and support agreements that will provide for them. Contact us today for help.
