Typically, a "collaborative divorce" is a divorce where the parties want to settle without a trial, but may have some complicating factors, for which the spouses need some help. The parties may need input from a therapist regarding time-sharing, or difficult issues that the children are having adapting to the divorce. In other cases, the goal of the collaborative divorce, in the hands of the unscrupulous spouse, is to delay the divorce and to leave one person waiting for a collaborative divorce that never happens. It is important that you have the ability to get your divorce finalized so you can move forward with your new life, without unnecessary barriers and added time.
Many divorce cases can be amicably resolved through what is commonly termed a "uncontested divorce." In this type of divorce the key issues involving alimony payments, child custody, child support and the division of property and assets are all determined by the two parties themselves without the need for a trial. In a "contested divorce," the two parties cannot get along or agree to the terms of their divorce, and the court will be forced to make those decisions for them.
There is also the option of engaging in the "collaborative divorce" process to get an agreement in place with the assistance of various professionals.
A collaborative divorce is an alternative dispute resolution process that can be engaged in when the two parties are unable to come to an agreement on the terms of their divorce on their own, yet they do not want to leave key decisions up to the court. In a collaborative divorce both parties work with their lawyers, and if needed, other professionals such a child experts or counselors, to come up with a negotiated settlement agreement. Professionals can be called upon to assist in resolving issues concerning time-sharing and may also be able to help with any difficulties the children are experiencing with the divorce. While a collaborative divorce is ongoing there will be no litigation. Once the collaborative divorce process has completed and a settlement agreement has been reached, then the final documentation can be filed with the court to obtain an official dissolution of marriage.
There are instances when an unscrupulous spouse may ask for the process of a collaborative divorce for the in an effort to delay the divorce, and drag out the process unnecessarily. Should that be the case, we can help you get your divorce moving along and see to it that your interests are fully represented. When going through a divorce, the lawyers at Richard A. Heller, P.A. are here to help you protect your rights. We will work with you closely to come to a successful resolution as to the terms of your divorce, no matter what it takes. We are well-versed in all aspects of family law and we have spent more than 20 years helping clients achieve a successful resolution to all their divorce and family law issues. We have worked hard to build up our reputation and are extremely proud of the fact that we are known for being honest, compassionate, candid, aggressive and fair. If you feel a collaborative divorce is right for you, contact our firm and schedule to meet with an Orlando family lawyer as soon as possible.