When two people get married, they don’t typically consider the possibility of a Divorce. There is a saying, “Marry someone who you believe will consider your best interest even if you are no longer together.” Collaborative Divorce is a newer approach that allows both Spouses to prioritize not only each other’s wellbeing but also protects the best interests of any minor children involved. Just as the decision to marry is met with intention and consideration for both Parties, preferably, Divorce could be handled in a similar way.
With ego and scorekeeping off the table in a Divorce or Paternity case, the Spouses may be ideal candidates for Collaborative Law. Unfortunately, this option is not always presented to potential Clients during an initial consultation, even though Florida Law requires Family Law Attorneys to do so. Since media portrayal of Divorce is often negative, conflict-centered and highly expensive, Parties may enter the process thinking Litigation is inevitable. Attorney Tom Marks of The Marks Law Firm, P.A., believes the Collaborative Process is a healthier approach to Family Law. Did you know, he has been Collaboratively trained since 2009? Over the years, Attorney Marks has attended Collaborative Law Conferences and has discussed advantages of Collaborative Divorce with other professionals in the Central Florida community.
What makes Collaborative Law appealing to couples who are experiencing Divorce? Keep reading to discover three reasons why Collaborative Law could be the best path to achieving an amicable Divorce.
- Determine the outcome of your case without relying on a Judge. In a Collaborative case, both Parties work together with their Collaboratively trained Family Law Attorneys to achieve a resolution that prioritizes the wants and needs of each Spouse as well as any minor child(ren). A common example would be for one Spouse to stay in the Marital Home throughout the duration of the children’s schooling. Healthy co-parents recognize the importance of maintaining stability for the children during this season of change. By avoiding Litigation, your Divorce and potential Settlement is not dependent on the Judge’s availability and/or knowledge of the details surrounding your case. Another related benefit, resolving your case outside of Court means it is private and not accessible to the public.
- Take on less of a financial burden than the standard cost of a Trial. In situations where there is tension, disagreements, and escalated conflict between Spouses, a Divorce may be prolonged, and Trial may be necessary. Similarly, if an Opposing Counsel fails to cooperate, Motions and Hearings may be necessary. Having two Collaboratively trained Attorneys who both want success for each of their Clients and their family and believe in the mission of Collaborative Divorce may result in fewer Legal fees incurred. The same can be said for two Parties who share common goals and aim to resolve their case timely and respectfully. While some Collaborative Teams consist of both Parties, two Family Law Attorneys, a Mental Health Neutral, and a Financial Neutral, Clients may opt to move forward with a Team that does not include Neutrals, when appropriate in order to keep costs down.
- Maintain a sense of Normalcy after Divorce. Family Law Clients who resolve their case through a path of Collaborative Law often co-parent in a way that honors their Marriage and puts the children first. Our Team has seen Former Spouses continue to celebrate birthdays and holidays together, embrace new blended families and choose compassion and empathy over bitterness and drama. Remember, Divorce may mean your Marriage has come to an end, but your family can evolve in a positive way, especially when a Collaborative approach is handled with solutions in mind.
Of course, there are several other benefits of Collaborative Law. To learn more about this alternative to Traditional Litigation, call our office at 407-872-3161.