Tag Archive for: divorce

Collaborative Divorce: What Does A Facilitator Do?

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In a Collaborative Divorce, the Facilitator plays a crucial role in keeping everyone on task, aiding communication, managing emotions between you and your spouse, and, where applicable, tailoring a parenting plan for your children. A Facilitator is a professional who is licensed under Chapter 490 or 491, Florida Statutes.  Here are some specific tasks they might undertake:

1. Project Management:

Facilitators are the project managers of the Collaborative Process.  Without a clear direction, divorce negotiations can get off track real fast.  The Facilitator keeps you and your lawyers focused on your interests rather than positions, works so that we are making the most efficient use of your time and money during team meetings, and checks in to see whether everyone has completed the tasks assigned to them.

2. Emotional Support:

Facilitators provide emotional support to both you and your spouse throughout the Collaborative Process. Divorce can be a highly stressful and emotional experience, even under the best of circumstances, and having a trained professional to talk to can be invaluable.

3. Communication Facilitation:

They help facilitate communication between the you and your spouse, ensuring that discussions remain productive and respectful. This can include helping each each of you express your needs and concerns effectively and ensuring that you both feel heard and understood.

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Create Your Own Path with Collaborative Divorce

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If you’re reading this, chances are you’re either going through a divorce or know someone who is. And let’s face it, divorce isn’t exactly a walk in the park. But what if I told you that in Florida there’s a way to navigate this challenging time while still preserving your self-determination and sanity? Enter: Collaborative Divorce.

Picture this: instead of duking it out in a courtroom with lawyers battling it out, Collaborative Divorce brings everyone to the table – you, your soon-to-be ex, and a team of professionals (including separate attorneys to provide each of you with independent legal advice) dedicated to finding solutions that work for everyone involved. Sounds pretty good, right? Here’s why it’s worth considering:

Collaborative Divorce Puts You in the Driver’s Seat

One of the biggest perks of Collaborative Divorce is that it empowers you to take control of your own future. Instead of leaving decisions about your life in the hands of a judge, you and your soon-to-be ex get to work together to find solutions that meet both of your needs. From dividing assets to co-parenting agreements, you have a say in it all.

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Sarasota Collaborative Divorce Review: Solid Legal Advice

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Most people going through divorce are not looking to make an enemy out of their spouse.  Rather, they are seeking to move on with their lives and make sure that they — and their kids, if any — are okay at the end of the day.  That is why we specialize in Collaborative Divorce, a private and more humane way to resolve family disputes.

Here is a recent review that a client left on the Google page of our Sarasota office.

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2024 FACP Conference Early Bird Rate Ends This Week

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I am excited to lead a workshop at the 12th Annual Florida Academy of Collaborative Professionals (“FACP”) Conference, taking place April 18-20, 2024, in Boca Raton, Florida.  The Conference, which is dedicated to lawyers, judges, mental health professionals, financial professionals, mediators, and other professionals who want to help divorcing families in a better way, has an early bird registration rate that ends March 8, 2024.

Click Here to Learn More About the Conference and Register

 

From the Conference Website:

The theme of the conference is All the Pieces Matter: Getting the Most Out of Your Team.

Teamwork is the bedrock of the Collaborative Process. Building the right team to lead divorcing clients through difficult decision-making is critical to the success of the Collaborative matter. This year’s conference will look at how teamwork can make the impossible come true. We will share with our FACP membership unique techniques, experiences, protocols and methods colleagues and Collaborative leaders have created and applied, which have promoted more successful divorce outcomes in their Collaborative matters.

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Maintaining Privacy In Your Divorce

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Just because you are going through divorce does not mean you have to give up your privacy.  Yes, in traditional divorce, proceedings are open to the public.  Sure, most Florida divorce lawyers will tell you that you have to file your divorce in the county where you last resided with your spouse, making it easier for family, neighbors, and business competitors to snoop on you.  And, historically, you have been required to file financial affidavits in a court file that anyone can access.

Fortunately, there are alternatives to all of these issues to help maintain your privacy.

Collaborative Divorce – Private Negotiations

Collaborative Divorce is a private form of dispute resolution where discussions take place in discreet conference rooms or via Zoom rather than in a public courtroom.

In the Collaborative Process, you and your spouse each have your own, separate lawyers to provide each of you with independent legal advice.  Your lawyers are prohibited from fighting in court; if court action is needed, your Collaborative Lawyers are fired.  This aligns the incentives of both lawyers and both spouses to focus on reaching an agreement rather than stir up trouble and engage in costly trial work.  And the vast majority of Collaborative Divorce matters are able to reach a full resolution; about 92% of Collaborative matters we have been involved in have been successful.

Oftentimes, you and your spouse will have additional support in your Collaborative Divorce.  A neutral Collaborative Facilitator, who specializes in communication, family dynamics, and childhood development, will help you navigate and overcome the emotional impediments to divorce.  Additionally, if you have children, the Facilitator will help craft a parenting plan tailored to your kids’ needs rather than have a cookie-cutter parenting plan based on a bunch of legal factors.

Further, you may have a Financial Neutral on your Collaborative Divorce team.  We have found that many divorce discussions get stuck because one spouse just does not understand the family finances or fears they are being taking advantage of.  The Financial Neutral, who is typically a CPA or financial advisor, works with both spouses to efficiently gather needed financial information and help even the playing field so both of you can feel that you are making informed decisions.  This helps play a big role in getting through the “fight, flight, or freeze” instincts that can overtake a person going through divorce.

Choosing Where To File Your Divorce for Privacy

Most Florida divorce lawyers will tell you that you need to file your divorce in the county where you and your spouse last resided together.  And that is because most Florida divorce lawyers focus their practice on contested trial work; if you file a contested matter in the wrong venue, and your spouse objects, then you have to go through a costly legal fight and you may then need to pay to have your matter transferred to the “correct” county.

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The 4 Phases of Collaborative Divorce

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Embarking on a journey toward resolution of your divorce can be a daunting task, especially when faced with challenging family matters. Collaborative Divorce offers a unique approach that emphasizes cooperation and mutual understanding. In this blog post, we’ll delve into the four essential phases of Collaborative Divorce, also known as the 4 D’s of Resolution, to guide you through the Collaborative Process.

1. Decide to Enter the Collaborative Process

A. Understand what is required of you: The first step in any Collaborative Matter is to grasp the expectations. Familiarize yourself with the Collaborative Process, its principles, and the commitment it demands.  It is also important to understand that your attorneys and other professional team members are only there for the purpose of reaching an out-of-court agreement, and all of the professionals are disqualified from ever engaging in contested court battles.

B. Review and sign the Participation Agreement: Formalize your commitment by reviewing and signing the Collaborative Participation Agreement. This document outlines the rules and guidelines, ensuring that you and your spouse are both on the same page.  This is also the document that, once signed, formally commences the Collaborative Process.

C. Commit to the Process: Collaborative Practice works best when both spouses are committed to reaching a resolution. Make a conscious decision to fully engage in the process, recognizing that cooperation and open communication are key elements in reaching a resolution.

2. Disclose all Relevant Information

A. Decide what information is needed: Transparency is a cornerstone of Collaborative Practice. Your professional team will help you determine the financial and other disclosure that you and your spouse will need to make informed decisions later on.

B. Assign information gatherer(s): Delegating responsibilities is an integral part of Collaboration. Assign individuals to gather the necessary information, fostering a sense of shared responsibility.  Some of the information may be gathered by a Neutral Financial Professional, and other information will be gathered by the spouse that has the best access to that information.

C. Review shared information: Once gathered, you will thoroughly review the shared information. This step sets the stage for open discussions and helps in understanding the full scope of the situation.  As oftentimes one spouse knows a lot more about the family finances than the other spouse, this step helps put the spouses closer to equal footing so they are working off the same information.

D. Work through differences: Differences are inevitable, but Collaborative Divorce is about overcoming them. You will work through any disparities in the shared information.  Your professional team can help identify what additional information is needed, including what types of appraisals or valuations may be helpful to help bridge any differences in understanding.

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Child Support in Florida

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Child support in Florida is the financial obligation aimed to provide a fair and consistent means of sharing the costs of raising a child between separated parents. There’s a Collaborative Law process that offers an alternative way to address child support matters. This approach emphasizes cooperation, open communication, and prioritizing your child’s well-being. In this post, we’ll take you through the fundamentals of child support in Florida and the benefits of pursuing child support solutions through the Collaborative Process.

CALCULATING CHILD SUPPORT

In Florida, you’ll find child support guidelines laid out in Florida Statutes §61.30. You’ll notice that the calculation takes into account key factors like your income and your partner’s income, the number of children involved, and the time each of you spends with them. It’s essential to understand that the state utilizes a specific formula incorporating these elements to calculate the exact amount of child support owed.  Though you may deviate from these calculations under certain circumstances, the child support guidelines determine the default amount you can expect to pay or be paid.

CONSIDERING YOUR INCOMES

Remember, both your incomes play a pivotal role in calculating child support. It’s worth noting that not all types of income are straightforward (for example, income from a private business). Additionally, it’s important to keep in mind that if either of you is voluntarily unemployed or not fully utilizing your earning capacity, income may be attributed to you based on your potential earning capacity.

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Can I Get A Discount For Virtual Divorce Legal Services?

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If you are facing divorce and have done your research, you probably realize how expensive divorce can be.  Not only are you charged for your attorney’s time spent engaging in the actual legal work, but it is also common practice for you to be charged for travel time to go to hearings, mediation sessions, or Collaborative Divorce meetings at the lawyer’s regular hourly rate.  Further, firms that practice mainly in person incur additional expenses including leasing larger office space, renting additional equipment, and purchasing additional office snacks, drinks, and supplies.  And, of course, those expenses get passed on to you, the client.

But what if you were comfortable working with your lawyer through Zoom, telephone calls, e-mails, and other virtual means, and you did not feel the need to meet in person?  Since it ends up costing less for the law firm, shouldn’t you get a discount for virtual divorce legal services?

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How to Smartly Negotiate Your Divorce

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Divorce is undoubtedly one of life’s most challenging experiences, requiring emotional resilience and practical decision-making. When navigating the complex terrain of divorce negotiations, a strategic and smart approach can make all the difference. In this blog post, we’ll explore three key principles to help you smartly negotiate your divorce and pave the way for a more amicable and satisfactory resolution.

Focus on the Big Things, Not the Small Things

It’s easy to get caught up in the minutiae of divorce proceedings, arguing over every detail from who gets the newly purchased air fryer to who keeps the television. However, a smart negotiator knows the importance of focusing on the big picture. Prioritize the key issues that will significantly impact your post-divorce life, and don’t sweat the small stuff.

Consider the division of larger assets, child support, alimony, and child custody as primary areas of focus. By concentrating on these critical aspects, you’ll streamline the negotiation process and avoid unnecessary emotional turmoil over trivial matters. Remember that keeping your eye on the big picture is key, and being willing to let go of smaller items can lead to a more expedient and less emotionally taxing divorce.

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Short Video: Can A Divorce Be Collaborative?

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We at Family Diplomacy are a Collaborative Law Firm serving clients virtually throughout Florida and with offices in Tampa, Saint Petersburg, and Sarasota.  We get asked all of the time whether a divorce can even be Collaborative.  This short video (about 3 minutes in length) attempts to answer that question.

You can find a transcript of the video below:

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