COLLABORATIVE DIVORCE
Divorce can be one of life’s most challenging life transitions, but it also can hold the promise of transformation, growth, and healing. At DeSantis Family Law, we have the goal of helping families and couples create the strongest possible foundation for the future as two households are established. The foundations of a Collaborative Divorce share that same goal. It aids clients in all aspects of a divorce: emotional, relational, financial, and legal. It’s the full package.
DIVORCE WITH DIGNITY:
Collaborative Divorce doesn’t mean the process will always be roses and rainbows, but it requires a commitment by the divorcing couple that they are dedicated to resolving disagreements reasonably and respectfully without resorting to adversarial court proceedings until the successful completion of a final resolution. Collaborative Divorce puts the power back in your hands to settle all the important issues related to you and your family.
WHAT IS COLLABORATIVE DIVORCE?
Collaborative Divorce is an alternative to traditional litigation. It allows you to resolve disputes with the guidance of attorneys and other professionals who are trained in the art of principled negotiation. It is a multidisciplinary approach to divorce that is more humane, less costly in terms of financial outlay and emotional stability, less time-consuming, and more able to equip you for the future as a single person and co-parent.
ADDITIONAL INFORMATION
To begin, you and your spouse must each retain a lawyer who has completed the formal training to participate in the Collaborative Divorce process. Next, you and your spouse, along with your respective collaborative divorce attorneys, must review and sign a Collaborative Participation Agreement.
The Collaborative Divorce Team must agree to make timely, candid, informal and full disclosure of information related to the collaborative matter. This will occur without formal discovery (as occurs in litigation). It requires information to be timely updated if any material changes arise, and the immediate identification of a known error by any party. Transparency, honesty and respect is required at all times
Other collaborative trained professionals may be consulted or involved as necessary based on your situation and circumstances. These individuals (called “third-party neutrals”) include family coaches, child specialists (mental health professionals), financial professionals (CPAs, CDFAs, and CFPs) and/or real estate and mortgage lending experts. The Collaborative Divorce Team can streamline problem-solving and lead to more creative options tailored to meet your family’s unique needs.
The Collaborative Divorce process moves forward through a series of team meetings and manageable assigned tasks. Negotiations will take place in an atmosphere focused on honesty, transparency, cooperation, and integrity.
You and your spouse will share your goals, objectives, and concerns about moving forward into your next phase of life as a single person or parent. Understanding these issues will help guide the team in reaching a final agreement that ensures the needs and future well-being of you and your family are met most effectively.
For parents, the process focuses on building effective co-parenting communication and decision-making skills. Children and their ideas may also be honored in the process. Neutral expertise in areas of financial decision-making, co-parenting, and creating a developmentally responsive parenting plan surrounds the counsel of each client’s collaborative attorney.