Everyone knows how complex a divorce can be. Not only does it involve thorough completion of paperwork and lengthy courtroom visits, but it can also place a major burden on what may already be a strained relationship between two individuals. A collaborative divorce is an alternative option to traditional contested divorces that require litigation. To determine if a collaborative divorce is the appropriate route for your family, you should contact an experienced divorce lawyer in Gainesville, FL.
Collaborative Law & Divorce in Gainesville, FL
Collaborative law is a new method within the legal field that does not align with the typical procedures of court proceedings. Collaborative law allows individuals to avoid filing lawsuits. Instead, each party solves his or her dispute through mediation and negotiation. The parties are able to be open, candid and frank about their experiences and needs because they do not have the pressure or concern of being attacked during court proceedings. Because the meetings are private and exercised in good faith, the parties involved are able to avoid the need or risk of attacking and/or being attacked. Collaborative law can be employed to solve numerous issues including business disputes, family law issues and divorce. Before a collaborative process can begin, however, all parties and participants are required to sign and agree to a governing collaborative document. This document outlines the terms and conditions of the collaborative proceedings. It encourages respect for all parties, actions made in good faith and transparent responsibilities.
In most cases of collaborative divorce, each individual hires his/her own Gainesville divorce attorney and meets regularly to outline and discuss needs, wants, assets and plans. Through a four-way meeting, both parties and their respective divorce lawyers craft an efficient contract that meets the needs of both individuals. The group meets consistently until the terms and conditions of the contract are successfully documented and agreed upon by both parties through a binding signature.
Advantages of Collaborative Divorce
Collaborative divorces are desirable over traditional forms of divorce because they avoid the stress, frustration and emotional turmoil on the relationship shared between spouses. Below are a few of the benefits offered through collaborative divorce:
- Private meetings allow for a more sensitive, empathetic and non-invasive divorce proceedings. This also encourages spouses to be more open, honest and frank with each other, the problems within the marriage, and the desired outcome and terms of the divorce.
- Collaborative divorce is less costly and less time-consuming than traditional court proceedings.
- During collaborative divorce, each individual has control and authority over his/her wishes (with the advice and consent of his/her divorce attorney in Gainesville, FL). This prevents the practice of encouraging clients to do whatever is necessary to help an attorney win a case. Instead, each individual is able to make his/her own decisions with full autonomy. This allows each spouse to gain the most suitable outcome.
- Collaborative divorce proceedings are informal, which eases the stress and tension that is often associated with traditional divorces.
If you are considering a collaborative divorce, the Law Office of Silverman, Mack & Associates is an experienced family law firm that handles issues regarding divorce, alimony, spousal support and child custody through various methods. Allow one of our experienced family lawyers to assist you during this important process.
When A Settlement Cannot Be Reached
In rare cases of collaborative divorce, there are times when a settlement cannot be reached between divorcing spouses. Because collaborative law requires participants to sign a document to pledge their refusal to enter the courts through a contested process, divorcing spouses who are unable to reach a settlement would have to seriously reflect and determine if the collaborative process is the necessary route. If the divorcing spouses determine that it is not, they must exit the collaborative process and both attorneys are required to withdraw from the process. As such, the divorcing spouses may choose to hire new legal representatives and begin the traditional process of divorce. Parties should note, however, that this would require extra time, efforts and money. A family lawyer can help you and your spouse decide if a collaborative divorce will help your family reach a desirable settlement based on the conditions and length of the marriage, as well as the current relationship between you and your spouse.
Collaborative Divorce Lawyers in Gainesville, FL
At the Law Office of Silverman, Mack & Associates, our experienced divorce lawyers in Gainesville, FL, are familiar with the many issues faced during divorces. We understand that there are a ton of issues to decide on, from child custody to distribution of assets. No matter what your unique situation may be, allow our experienced family law firm to help you decide if a collaborative divorce is the appropriate option for your family.
Contact our divorce and family law firm today for a free initial consultation.