Divorce is Hard.
If you have ever talked to your family or friends about their divorce or child custody case, it doesn’t take long for you to get an idea about just how tough the litigation process can be on individuals and on families. However, you do have options and a say in your divorce. You don’t have to be combative, or litigious to come to a resolution that works best for you and your family.
You can resolve your divorce peacefully and amicably with a Collaborative Family Law approach.
Make it Easier.
Collaborative Family Law or the “Collaborative Process” is the New Future of family law. As collaboratively trained attorneys, the lawyers at TK Law want to help you resolve your issues without the need for long and drawn-out litigation.
We know how hard it is to get good information about the Collaborative Process and Collaborative Family Law. That is why TK Law has created this webpage. We wanted to create a resource for our clients and for those throughout the State of Florida to gather information and learn more about how the Collaborative Process.
When you call TK Law and set up an initial consultation, tell our staff that you are interest in resolving your case through the Collaborative Process. Feel free to use this website as research as you learn about the differences between litigation and the Collaborative Process.
Learn More
What is Collaborative Family Law?
>> A better approach to handle your family's legal issues.
Collaborative Family Law or the “Collaborative Process” is the New Future of family law. If you have ever talked to your family or friends about their divorce or child custody case, it doesn’t take long for you to get an idea about just how tough the litigation process can be on individuals and on families.
Is a Collaborative Divorce right for me?
>> The ideal approach to divorce for high networth individuals
A collaborative divorce provides the opportunity for a confidential, amicable and fair divorce specifically tailored to high asset individuals. Instead of being combative and in the public’s eye- you and your spouse will both be aided by mental health professionals, a financial neutral and other experts as needed per your situation. Each party will be accompanied by a lawyer to best represent their interest, but instead of going directly to court, you get to work through all matters in a neutral setting of your choosing.
>> If you’re looking for a combative cut-throat divorce, this is not the right approach for you.
>> If you’re looking for a peaceful separation with an emphasis on harmony, confidentiality and professional guidance, then this approach may work for you.
The Collaborative Divorce Process Explained
>> A multi-party confidential process to settle your affairs with professional support
Typically, the collaborative divorce process takes about 7 months to complete, although the exact timeframe can vary depending on the complexity of the issues and the willingness of the parties to reach an agreement. The goal of this process is to create a mutually satisfactory settlement that respects the interests of both parties and any children involved.
In a collaborative divorce, various professionals may be engaged depending on the unique needs and complexities of the divorcing couple’s situation:
- Tax Attorney: Advises on tax implications of dividing assets and financial arrangements.
- Realtor: Assists with selling or buying properties as part of the settlement.
- Vocational Experts: Evaluate a spouse’s ability to work and earn, often when determining alimony or child support.
- Financial Advisor: Helps in understanding, valuing, and dividing financial assets, planning future finances.
- Real Estate Appraiser: Provides an unbiased value of the home or other real estate.
- Business Valuation Expert: Assesses the value of a business that must be divided.
- Mortgage Broker: Assists with refinancing or obtaining a new mortgage.
- Therapist: Helps manage the emotional aspects of the divorce.
- Your Attorney: Represents your interests, providing legal advice and guidance.
- Other Party’s Attorney: Represents the interests of your spouse.
- Financial Neutral: An unbiased professional who ensures that financial decisions are fair and balanced.
- Mental Health Neutral: Assists both parties in managing emotions and communication throughout the process.
Not all of these professionals are required in every case; their involvement depends on the specific needs and circumstances of the collaborative divorce process.
In a collaborative divorce, your attorney plays a vital role as your legal representative, focusing on your best interests without adopting a combative stance. Unlike traditional litigious divorces, the attorney in this process is there to facilitate communication, negotiate, and work cooperatively with the other party’s attorney. The goal is to reach a fair and mutually acceptable agreement that aligns with your needs and concerns. Your attorney provides legal advice, ensures that you understand your rights and options, and helps craft solutions that honor both parties’ interests, always prioritizing collaboration and consensus over conflict and contention.
Collaborative divorce offers several benefits, including:
- Cost-Effective: Often less expensive than traditional litigation, as it avoids court fees and lengthy legal battles.
- Time-Efficient: Generally quicker than going through court, as couples can set their own timeline.
- Control: The parties have more control over the process and outcomes, rather than leaving decisions up to a judge.
- Privacy: Keeps personal matters out of the public court record, preserving privacy and dignity.
- Less Adversarial: Emphasizes cooperation and negotiation, reducing hostility and stress.
- Tailored Solutions: Allows for creative, personalized solutions that a court might not be able to provide.
- Child-Focused: Can prioritize the needs and well-being of children involved, creating less disruption for them.
- Preservation of Relationships: By reducing conflict, collaborative divorce can help preserve family relationships and foster better long-term communication.
- Access to Experts: Facilitates the use of various professionals like financial advisors, therapists, etc., who can provide specialized guidance.
- Emotional Support: Encourages open communication and offers emotional support through mental health professionals, if needed.
- Commitment to Resolution: Both parties and their attorneys are committed to reaching a mutually satisfying agreement without going to court, fostering a more constructive environment.
The Parties Involved in a Collaborative Divorce:
- A neutral mental health professional who may be referred to as a “coach” or “collaborative facilitator.”
- A financial neutral – I.e. a CPA
- A lawyer representing each spouse.
Situational Parties Involved:
- Business evaluators
- Child specialists/Family Therapist
- Realtors/Property Appraisers/Mortgage Brokers
- Vocational Experts
- Financial Advisors
First Steps to Your New Future
01
Initial Consultation
Speak with one of our support staff members to get started.
02
Meet Your Lawyer
Meet with your lawyer and decide the next best steps for you.
Avoid a Public, Intrusive & Combative Divorce
As family law practitioners, the attorneys at TK Law have seen the collateral damage of a contentious divorce case have longed for standards of practice that focus on rebuilding a healthier family foundation with a less adversarial approach. Unfortunately, the traditional family court system is reactive and is slow. To add to the inherent deficiencies of the traditional family court system, judges are limited in time and in information and are not always able to do what is best for the family.
Let Your Family Decide, Not a Judge.
- 92% of Collaborative matters ended in a full resolution of all issues, while an additional 8% of participants concluded with a partial resolution or other outcome. Even when a full agreement was not reached, substantial progress was often made on parenting issues and understanding finances.
- 31% of Collaborative matters were concluded or resolved in less than 3 months, an additional 33% were concluded or resolved in 3-6 months, and an additional 31% were concluded or resolved in 6-12 months. This means that 95% of Collaborative matters are concluded or resolved within 1 year. Contrast that with litigation, where even the most efficient Courts expect 12-18 months before a trial and there may be appeals and additional litigation after the trial.
Pros of a Collaborative Divorce
- Less time consuming than litigation;
- While not cheap, it is generally less costly than trial and litigation;
- Less stress from uncertainty. The Collaborative Process is about options (and option building) and finding resources. Contrast that to litigation where you can expect parties to take positions and bargain for an advantage (both of which encourage litigation);
- Encourages transparency and allows you to retain control over outcome in a more private arena;
- Supported by professionals: emotional (mental health), financial and legal;
- Creates positive resolution for entire family that reduces future conflicts.
An important aspect of the Collaborative Process is the mandatory attorney withdrawal agreement, which states that if the parties and lawyers fail to reach a settlement, the lawyers must withdraw. This provision tends to increase the client’s interest in settling and keeps the lawyer’s role consistent with the fundamentals and goals of the entire process. In addition, it keeps everyone motivated to continue to compromise and resolve issues
Award-Winning Family Lawyers
Decades of Experience + A Client-Centered Approach
While the Collaborative Process is entirely centered upon the client’s interests, goals, and desires, a trained collaborative lawyer is imperative to success. Collaborative lawyers are not expected to solve the problems of their clients but rather help them identify goals, priorities, explore interests, expand settlement options, and design settlement options in the best interest of both parties. The collaborative lawyer’s role is to provide a safe, non-confrontational forum for their clients to talk and to help facilitate decision making.
Lawyers are expected to be problem solvers by design, but collaborative law requires a deeper, more client-centered approach than that of typical litigation. Whereas a successful litigator is required to be adversarial and solve problems in the sense of “winning,” a collaborative lawyer is required to be a creative problem-solver aiming for the best overall outcome. At TK Law, we pride ourselves in creative thinking and in dedicating our time and energy to helping you achieve your goals. Contact us at 407-834-4847 to learn more about how our team can help you achieve your goals.
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E-mail us below or give us a call at 407-834-4847.