Miami Collaborative Divorce

Fair & Balanced Solutions for Divorcing Couples

Collaborative divorce is a non-adversarial method of resolving disputes that arise in a divorce. This method promotes settlement rather than costly and expensive litigation. Both parties are represented by attorneys and trained professionals whose roles are to guide the discussions so that both parties are in agreement.

Benefits of Collaborative Divorce

Collaborative divorce has been the preferred route by couples for many reasons:

• Less Hostility - Couples have the opportunity to work together towards an agreement, rather than battle it out in a war-like manner during a trial.

• Less Costly - Taking a case to court can be expensive due to the legal fees and the enormous resources that go in to preparing a case. With collaborative divorce, you can save time and money.

• More Effective Results - Couples are more likely to stick to a result that they both agreed on, rather than one decided on by a judge. This leads to better long-term relationships and relationships.

• More Flexibility - You can tailor a solution to meet your family's needs and schedule sessions around your time, rather than the court's schedule.

Additional benefits include:

• Gives both parties the power to work on a mutually agreeable settlement

• Allows both parties to determine how post-settlement disputes will be handled

• Sessions occur in an informal setting

• There is generally an honest and informal exchange of information

Overview of the Collaborative Divorce PRocess

Much like you would with any other divorce, you and your spouse should hire your own respective attorneys. However, since you are choosing the collaborative divorce approach, you should choose an attorney who is experienced in this method and understands the negotiation process. An attorney who is only experienced in divorce litigation will not be effective or supportive in guiding you through your sessions. You and your spouse can also meet with your attorneys privately, in addition to your negotiation sessions. It is important that you let your attorney know which items you want and which items you are willing to compromise or part with.

You, your spouse, and your attorneys will then meet for several sessions. Additionally, other professionals, such as accountants, might be brought in to help settle your case. The professionals, unlike your respective attorneys, will be unbiased and neutral. If you cannot agree on all key issues during your sessions, both attorneys will have to withdraw from the case if you end up going through litigation, since they will both have to sign a “no court” agreement at the start of your meetings.

For spouses who believe they can achieve a resolution through this approach should absolutely opt for a collaborative divorce instead of divorce litigation.

Is Collaborative Divorce Right for Me?

In an ideal world, most couples would be able to resolve their issues with collaborative divorce. But the reality is, this path will not work for everyone. In cases where there is dishonesty, failure to disclose, deep distrust and desire for revenge, collaborative law may not lead to much success. Some couples may be better off battling it out in court. But collaborative divorce is great for couples who are willing to cooperate and make compromises for win-win situations.

To learn more about whether collaborative divorce is right for you, call us at (305) 783-3301.