Collaborative Divorce | Arwani Law Firm https://www.arwanilawfirm.com Thu, 02 Nov 2023 13:00:57 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 What Is the Role of a Collaborative Divorce Lawyer? https://www.arwanilawfirm.com/what-is-the-role-of-a-collaborative-divorce-lawyer/ Thu, 02 Nov 2023 10:00:50 +0000 https://www.arwanilawfirm.com/?p=14943 Read More »]]> Collaborative divorce is an alternative to divorce court. The collaborative divorce process entails each spouse hiring a divorce lawyer and the spouses working with their attorneys to resolve their divorce-related issues. During the collaborative divorce process, spouses will use a combination of negotiation and mediation to reach an agreement on critical divorce terms such as timesharing, property division, child support, and alimony. The collaborative divorce process allows divorcing spouses to manage their disputes without a third-party decision-maker.

A collaborative divorce attorney plays a crucial role in the collaborative divorce process. In this article, we explain some of the specific roles of a collaborative divorce attorney during the collaborative divorce process.

What Does a Collaborative Divorce Lawyer Do?

Your collaborative divorce attorney will assess your case and determine which other professionals you should bring on board. Then they will recommend that you hire those professionals. Working with other professionals can help you and your spouse create solutions that are practical for your family. Some other professionals your collaborative divorce attorney may recommend you hire include a financial professional, mental health professional, and timesharing expert.

Your collaborative divorce attorney will help you identify and articulate your interests and goals. Your attorney will help you determine what is most important to you. After your attorney has helped you determine your interests and goals, they will explain how to achieve your goals and reach a satisfactory outcome in your case and work with you to try and accomplish that. Your attorney will represent your interests throughout the case and advocate on your behalf. They will be a negotiating partner and will help you negotiate with your spouse and their attorney a divorce agreement that is fair to everyone.

Your collaborative divorce attorney will help you identify all options available and help you decide which option(s) best meet your interests. Your attorney will help you examine the different options available and explore their pros and cons. After, your collaborative divorce attorney will help you narrow the options and decide which can help you reach a mutually-agreeable solution.

One of the hardest things when handling a divorce case is understanding the laws surrounding your case and how they can impact your case. Your collaborative divorce attorney will inform and advise you of the laws surrounding your case. They will tell you about how different laws may affect your case. By understanding the laws surrounding your case and how those laws can impact your case, you can be able to make better decisions.

Things Your Collaborative Divorce Lawyer Will Not Do

While there are many things your collaborative divorce lawyer will do, there are also many other things they will not do. The following are some of the things your collaborative divorce attorney will most likely not do;

  • Attack your spouse and make them feel bad
  • Approach the case in a combative manner or, in other words, in a win-lose manner
  • Help you in hiding information

Contact an Orlando Collaborative Divorce Lawyer

If you need more information on the role of a collaborative divorce lawyer or are looking for a collaborative divorce lawyer to hire, contact our experienced Orlando collaborative divorce lawyers at The Arwani Law Firm.

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How To Prepare For Your Collaborative Divorce https://www.arwanilawfirm.com/how-to-prepare-for-your-collaborative-divorce/ Thu, 27 Apr 2023 10:00:15 +0000 https://www.arwanilawfirm.com/?p=11075 Read More »]]> If you and your spouse have decided to get divorced through the collaborative divorce process, it is crucial that you prepare well in advance so the process can go smoothly. The collaborative divorce process is less adversarial than litigation. Also, with a collaborative divorce, spouses have greater control over the process. In a collaborative divorce, you, your spouse, and your respective attorneys will reach a settlement agreement without the court’s intervention. So instead of having the court decide on matters such as property division, you and your spouse can work together to determine a settlement that benefits you both.

So, how can you prepare for your collaborative divorce? The following are some of the ways to prepare for your collaborative divorce.

Talk About Your Goals With Your Soon-to-Be Ex

Even though you and your spouse have agreed to get a collaborative divorce, you may have different goals. So it is crucial that you talk to your soon-to-be ex about your goals and you allow them to tell you about theirs. It is vital that you discuss your goals so you can see which can be met and which will need negotiation.

When talking with your spouse about goals, it is crucial to keep in mind that it might be impossible to have all your goals met. It is vital that you be willing to compromise if you want the collaborative process to succeed.

Take Inventory of Your Assets and Debts

With a collaborative divorce, you and your soon-to-be ex are in charge of splitting your assets and debts. So you need to take inventory of your marital assets and debts before the process begins. Among other things, collect bank statements, insurance policies, vehicle registrations, retirement accounts, car loans, and house papers, including the mortgage.

Hire a Qualified Collaborative Divorce Attorney Who Is the Right Fit for You

Another crucial step you need to take when preparing for your collaborative divorce is hiring a collaborative divorce attorney. This might seem like an obvious step since, in the collaborative divorce process, each spouse is required to have a divorce attorney. However, it is not enough to hire just any attorney. You should hire a qualified collaborative divorce attorney who fits you best.

You can ask family, friends, co-workers, or other associates for recommendations. Even if someone does not know a collaborative attorney, they may know another attorney who can give reliable recommendations. You can also check online reviews to find a qualified collaborative divorce attorney who fits your situation best.

Hire Other Professionals

In addition to hiring an attorney, you will need other professionals to help you through the collaborative divorce process. Other professionals that make up the collaborative team include financial professionals and child specialists. A financial professional can help with, among other things, evaluating assets and debts and providing guidance on financial planning and budgeting. On the other hand, a child specialist can help teach you how to parent through the divorce crisis and create a structure for co-parenting into the future.

Contact an Orlando Collaborative Divorce Lawyer

Our skilled and dedicated Orlando collaborative divorce lawyers at Arwani Law Firm are here to help you through the collaborative divorce process. Contact us today to schedule a consultation.

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6 Tips To Ensure Your Collaborative Divorce Is A Success https://www.arwanilawfirm.com/6-tips-to-ensure-your-collaborative-divorce-is-a-success/ Thu, 06 Apr 2023 10:00:09 +0000 https://www.arwanilawfirm.com/?p=11071 Read More »]]> A collaborative divorce is an excellent option if you are looking to avoid divorce court and save time and money. During a collaborative divorce, you and your partner will retain specifically trained attorneys and work together to reach an agreement. It is crucial that you put in the work and dedication during the collaborative process if you want the process to succeed. If you are unable to reach an agreement during the collaborative process, you and your spouse will likely have to go to divorce court.

If you are about to undertake a collaborative divorce, the following are six tips to ensure success;

Use a Team                                                                                       

You might fear that adding multiple experts to your divorce case will be too expensive, but the truth is that the shortcut of not working with a team may result in you making costly mistakes. The professionals you’ll include in your divorce all possess skills you can highly benefit from. For example, financial specialists are skilled at spotting costly tax planning mistakes and do a great job of making more complex financial issues clearer. Coaches and child specialists, on the other hand, are excellent in helping divorcing couples focus on the most important things in the divorce process instead of on the emotions present in the case. When you work with a team of professionals, the attorneys do not have to try to become experts on topics they may not be good at.

Don’t Focus on Winning

Instead of going into the collaborative process focused on winning, you should go into it focused on finding solutions. After all, you are already a winner because getting a collaborative divorce will help you avoid the lengthy and costly litigation process. Enter into the collaborative process prepared to discuss and explore all possible solutions. Enter into the process prepared to compromise when the need arises.

Keep an Open Mind

Do not go into negotiations with your mind already made up. In a collaborative divorce, time is spent trying to discover the best creative solutions. If your team or spouse has an idea, give it a thought and remember that there are no bad ideas.

Exercise Patience

You might not solve all issues during the first meeting. In fact, rarely are all divorce-related issues resolved during the first meeting, and there is a good reason for this. First, information must be gathered. Second, property division and alimony matters need to be addressed. Additionally, if children are involved, child-related issues must be addressed. If you are patient, stick to the process, and rely on your team, you increase your chances of succeeding.

Ensure You Are Heard

You should not be combative during a collaborative divorce. However, this is not to say that your voice should not be heard. If, for example, you are concerned about where certain discussions are headed or have questions, ensure you speak up. You have rights even during a collaborative divorce, and it is vital that you ensure your rights are protected.

Do Not Panic

Finally, to increase the chances of your collaborative divorce succeeding, avoid panicking when things get difficult. Instead of panicking and running to court when things get hard, engage your attorney and the other experts.

Contact an Orlando Collaborative Divorce Lawyer

Our qualified Orlando collaborative divorce lawyers at Arwani Law Firm can help you through the collaborative divorce process. Contact us today to schedule a consultation.

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Some Questions To Ask A Collaborative Divorce Lawyer Before Hiring Them https://www.arwanilawfirm.com/some-questions-to-ask-a-collaborative-divorce-lawyer-before-hiring-them/ Thu, 05 May 2022 10:00:00 +0000 https://www.arwanilawfirm.com/?p=5847 Read More »]]> When you got married, the chances are, you did not anticipate getting divorced. However, the reality is that sometimes, divorce cannot be evaded. Actually, sometimes it is best not to avoid divorce. Often, people avoid divorce because they are worried about the legal battles associated with divorce litigation. Many couples decide to keep trying to fix their irreconcilable differences because they don’t want to go to divorce court. But divorce does not have to be about legal battles, fighting, and emotional stress. There are alternative dispute resolution methods that many people are now turning to and benefitting from. For example, you can end your marriage through a collaborative divorce.

Before you can begin the process, you will need to hire a collaborative divorce lawyer. You will need your attorney, and your spouse will need theirs. When you meet with a collaborative divorce lawyer, there are some questions that you should ensure you ask them before hiring them. These questions can help you determine if a lawyer is the right fit for you and understand collaborative law better.

The following are some of the questions you should ask a collaborative divorce lawyer before hiring them;

How Much of Your Practice Is Collaborative Law?

The right collaborative divorce lawyer is the one who dedicates a good amount of their time to dealing with collaborative divorce. Even if the lawyer you end up working with deals with the traditional divorce, it is crucial that they also be extremely familiar with collaborative divorce. Indeed, collaborative divorce is a more friendly approach when compared to divorce litigation. However, the lawyer you hire could be what stands between you and a fair outcome.

What Are the Benefits of Collaborative Divorce?

If you meet with a collaborative divorce lawyer when you are still feeling unsure about whether collaborative divorce is right for you and your spouse, make sure you ask the lawyer to explain to you how collaboration would benefit you and your spouse. Allow a lawyer to help you determine if collaborative divorce is the right option for you. Also, by asking a lawyer about how collaborative divorce works and the benefits of collaborative divorce, you can gauge whether or not they are qualified enough to be your lawyer.

How Do You Plan To Approach My Case?

It is crucial that you ask a collaborative divorce lawyer which process they plan to follow when dealing with your divorce case. A collaborative divorce lawyer should be able to give you a helpful overview of the process. If you have any concerns about the process, do not hesitate to make them known. You should not get started until you are satisfied with how your attorney plans to approach your case.

Can You Resolve Timesharing and Parenting Plan Disputes?

Usually, parties can address the same divorce matters through collaborative law as they would in divorce court. So, if you are a parent, it is crucial that you ask a collaborative lawyer if they can help you resolve timesharing and parenting plan disputes. The right collaborative lawyer is one who can assess your situation and advise you on the best way to handle a timesharing and parenting plan dispute.

If you have questions that need to be answered, do not hesitate to contact the Arwani Law Firm. Call 407-254-0060 to get answers from an Orlando collaborative divorce lawyer.

Resource:

flsenate.gov/laws/statutes/2012/61.13

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Collaborative Divorce Can Reduce Emotional And Economic Stress https://www.arwanilawfirm.com/collaborative-divorce-can-reduce-emotional-and-economic-stress/ Thu, 28 Apr 2022 10:00:50 +0000 https://www.arwanilawfirm.com/?p=5845 Read More »]]> Anyone contemplating ending their marriage is worried about the emotional and economic stress that comes with divorce litigation. Even though all divorces are different, the reality is that litigation can be expensive. Divorce litigation can also be quite adversarial. Fortunately, there are alternative dispute resolution methods that divorcing couples can opt for that have been found to eliminate or reduce the anguish of a divorce. If you are contemplating divorce and looking for an alternative dispute resolution method that can reduce emotional and economic stress, you can consider a collaborative divorce.

Some Basics on Collaborative Divorce

Collaborative divorce involves divorcing parties working with their respective lawyers and other professionals to reach a mutually-beneficial agreement. It is an ADR method that is based upon the belief that two reasonable individuals can use the advice of their lawyers and other professionals to identify and settle their divorce issues.

The main goal of collaborative law is to negotiate a win-win settlement and ensure everyone is satisfied. This means negotiating a solution that meets the needs of both sides. Usually, it is hard to achieve a win-win situation when a divorce case is handled in court. When litigation is involved, there is likely to be one party the divorce settlement will favor. Sometimes, even both parties can be dissatisfied with the outcome of their divorce litigation.

Collaborative Divorce Can Reduce Emotional and Economic Stress

Collaborative divorce has received a lot of praise over the years for being an effective method of ending marriages. Accolades for collaborative divorce have been seen on different platforms and even on the news. According to one CNBC article, collaborative divorce is quite favorable compared to divorce litigation. According to the article, collaborative law can ease the emotional and economic stress that is often associated with divorce.

So, how exactly can collaborative divorce ease emotional and economic stress? According to the CNBC article, collaborative divorce gives individuals a chance to bounce back more quickly and emerge from the process more ready to focus. The article states that people who go through divorce litigation can take up to one year to recover from their divorce. When it comes to costs, even though the money you’ll spend on your collaborative divorce will depend on several factors, several financial advisors interviewed by CNBC suggested that divorce litigation costs three times more than collaborative divorce.

Should You Choose Collaborative Law?

Collaborative law can be a good option if you and your partner are willing to work together with openness and respect. Nonetheless, this is not to say that collaborative divorce cannot work well for couples experiencing conflicts. As long as you and your partner are ready to engage in the process in good faith, the process can work. The key here is that you both have to be willing. With that said, it is crucial that you speak to a qualified lawyer before deciding to go with the collaborative process. Allow an attorney to assess your case and advise you accordingly.

If you need more information on collaborative law or help in determining whether collaborative divorce is the best option for you, contact the Orlando collaborative divorce lawyers at Arwani Law Firm. We can review your circumstances and help you decide the best way to proceed with your divorce. To schedule a consultation, call 407-254-0060.

Resource:

cnbc.com/2014/05/01/collaborative-divorce-can-ease-emotional-economic-stress.html

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How Quickly Can I Get A Divorce In Florida? https://www.arwanilawfirm.com/how-quickly-can-i-get-a-divorce-in-florida/ Thu, 22 Apr 2021 10:00:56 +0000 https://www.arwanilawfirm.com/?p=4036 Read More »]]> Many people who file for divorce want to get it over with as soon as possible. Unfortunately, a quick divorce is not always possible, especially if the parties cannot reach a consensus on alimony, property division, child custody, and other contested issues.

If you are considering filing for divorce or have already submitted a Petition for Divorce, contact a skilled family law attorney in Orlando to help you speed up your case. Our results-driven and compassionate attorney at Arwani Law Firm to facilitate negotiations between you and your spouse in order to help you finalize your divorce as quickly as possible.

How long does it take to finalize a divorce in Florida?

In Florida, divorce proceedings can take anywhere from one month to two years depending on the number of contested issues. If the parties agree to resolve all of their divorce-related issues, they can finalize a divorce within three months of the date of the filing.

For contested divorces, parties need 12 months, on average, to resolve all disputes and get a divorce. It is typically up to the parties to speed up their divorce case.

You can get a quick divorce in Florida – in as few as 20 days from the date of filing a petition – if you and your soon-to-be-ex-spouse agree on all divorce-related issues.

How can we speed up our divorce case?

Even the best divorce attorney in Florida will not be able to predict exactly how long your divorce will take. There are many factors involved in determining the duration of a divorce.

Under Fla. Stat. § 61.19, there is a 20-day waiting period after the filing of a divorce petition. In other words, you cannot get a divorce sooner than 20 days from the date of filing the petition.

For this reason, you cannot speed up proceedings to finalize your divorce sooner than 20 days from the filing date. If you and your spouse have resolved all of your disputes regarding alimony, distribution of property, child support, custody, and others, you could obtain a quick divorce immediately after the 20-day waiting period has expired.

How to get a quick divorce in Florida?

Since litigation can be a long and drawn-out process, parties can use alternative dispute resolution (ADR) methods to resolve their disputes in a quick manner. ADR methods include:

  • Mediation. Both parties work out a mutually acceptable divorce settlement with the help of a neutral, third party mediator. Generally, mediation is less expensive, adversarial, stressful, and time-consuming that divorce litigation. It is still recommended to seek legal counsel from an attorney because a mediator’s job is to facilitate negotiations between the parties, rather than protect either party’s best interests.
  • Collaborative divorce. Another common alternative dispute resolution method is collaborative law. Each party and their attorneys collaborate to work out a mutually beneficial marital settlement. The collaborative divorce process is not only less adversarial than the traditional litigation, but can also help you get a quick divorce in Florida.

Consult with an Orlando collaborative divorce lawyer to help you and your spouse collaborate to create a mutually acceptable agreement and speed up your divorce case. Contact Arwani Law Firm to talk about your particular case. Call 407-254-0060 today.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.19.html

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What Are the Benefits of Using Collaborative Law for Your Florida Divorce? https://www.arwanilawfirm.com/what-are-the-benefits-of-using-collaborative-law-for-your-florida-divorce/ Thu, 19 Nov 2020 11:00:34 +0000 https://www.arwanilawfirm.com/?p=3635 Read More »]]> Florida is one of several states that allow couples to use collaborative law to resolve their family law matters. While some people are still skeptical about the effectiveness of a collaborative process, an increasing number of couples take advantage of collaborative law to resolve their divorce cases in Florida.

6 Benefits of Using Collaborative Law for Your Divorce

There are several good reasons to resolve your divorce case via a collaborative process:

  1. Faster than litigation. When seeking a collaborative divorce, you are not bound by any court deadlines or hearing dates. This factor alone can considerably speed up your divorce case.
  2. Complete control over the process. When seeking a collaborative divorce, you do not put your fate in the hands of a judge unfamiliar with your family dynamics, history, and unique circumstances. With collaborative divorce, you get to control the entire process.
  3. Solve issues on your own terms. As mentioned above, you do not have a judge deciding your fate and issuing orders you disagree with. When using collaborative law to resolve your divorce, you retain decision-making control over all of the family law matters in your case.
  4. Less expensive than litigation. If you and your spouse agree to negotiate all the terms of a divorce using collaborative law, you can save a considerable amount of money.
  5. Keep the process confidential. One of the advantages of collaborative divorce is the ability to keep your divorce case confidential. The collaborative process will consist of a series of confidential meetings that are never a part of the public record.
  6. Collaborate with experts and legal professionals. With a collaborative divorce, you have the opportunity to collaborate with experts and legal professionals to help you obtain the most favorable outcome. Consult with an Orlando collaborative divorce lawyer at Arwani Law Firm to help you determine the best way to proceed with your particular case.

The Collaborative Divorce Process in Florida

If you and your spouse agreed to use collaborative divorce for your divorce, each party should hire a skilled lawyer to represent their interests throughout the process. Then, spouses and their attorneys will take part in several private meetings to resolve various family law matters, including:

  • Visitation and timesharing
  • Child support
  • Property distribution
  • Alimony

Spouses who hire a lawyer specially trained in collaborative law have a greater degree of control over the collaborative divorce process, the outcome, and the settlement. If the parties struggle with negotiating or finding a middle ground, they may consult with other neutral experts, including divorce coaches, mediators, custody evaluators, child specialists, and others.

To initiate the collaborative divorce process, you and your spouse must draft a collaborative divorce agreement and make full disclosure of all relevant information. However, a judge may refuse to accept your collaborative divorce agreement if your divorce case involves allegations of domestic violence.

If you decided to try using collaborative law to resolve your divorce case in Florida, schedule a free consultation with an attorney trained in the collaborative process. Contact our Orlando collaborative divorce lawyers at Arwani Law Firm by calling at 407-254-0060.

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