Sarasota Collaborative Divorce
One option for couples in Florida who wish to stay out of court is to have a collaborative divorce. In a collaborative divorce, both spouses and their respective lawyers agree to avoid litigation and come to a settlement agreement without court intervention. Both parties and attorneys must sign this Participation Agreement and must adhere to it throughout the entire divorce process. If either party attempts to litigate any matter, the lawyer must withdraw and may no longer participate in the case.
The Collaborative Divorce Process
If a couple decides to pursue a collaborative divorce, they should each select an experienced divorce attorney who has received special training in Collaborative Divorce, to have on their side. After the Participation Agreement is signed, the couple and their lawyers will have several sessions together to discuss important matters such as:
- Child Custody and Visitation
- Child Support
- Property Distribution, and
- Spousal Support
In a collaborative divorce, both spouses must disclose everything and must be completely transparent. This keeps the process very open and gives both spouses a greater degree of control over the settlement and their future. This also keeps spouses from going behind one another's backs or using deceptive tactics to get what they want. The aim is that this transparency will minimize resentment and keep good communication going between the couple after the divorce, especially if they have to continue to communicate regarding children or other matters.
If the couple is having a difficult time getting along or communicating, other professionals may be brought it to assist with the process. Such professionals may include counselors, family psychologists, or other facilitators or experts. Additionally, throughout the process, the attorneys will use tactics and strategies to encourage cooperation and discourage confrontation.
Many couples find that alternative dispute resolutions such as collaborative divorce make the divorce process less painful. However, couples should be realistic when considering their options. If they strongly believe that they will not be able to come to an agreement, litigation may be the only option. Only an experienced Divorce Attorney can help you decide what option is best for you in your particular case.
Contact a Sarasota Family Lawyer with Experience in Collaborative Divorce.
Divorce is never easy, though an experienced and dedicated family attorney can help walk you through every step of the process and make it as harmless as possible. Whether or not you and your spouse can come to an agreement out of court, it is always important to have a lawyer who will provide zealous representation. Attorney William J Leininger has 40 years experience in all family law matters, including 7 years of experience as a Collaborative Divorce lawyer and is a member of Next Generation Divorce of Greater Sarasota, which is a Non-profit Association devoted to promoting the use of collaborative practice as a better, more humane way to handle divorce cases. Mr. Leininger is dedicated to protecting his clients' interests both in and out of court. 100% of our law practice is devoted solely to Family Law matters.
Contact our office today for assistance at 941-727-5555 or contact us online to schedule a Free Consultation. We offer Monday through Saturday appointments, with some evening appointments What have you got to lose?
