If you are looking for a divorce that is less destructive than going to court fighting tooth and nail, then a collaborative divorce lawyer is right for you. Collaborative divorce is a new way to dispute the resolution process by which divorcing couples try to resolve their case by working collectively (outside the courtroom) before their case is filed. After all of the issues have been resolved, you and your spouse, with the help of your lawyers, will prepare and file the final paperwork, and obtain a divorce in court. Collaborative divorce utilizes a team approach to resolving a conflict. The size of the collaborative team can vary depending on the couple that is separating. Typically, a collaborative team consists of two attorneys (one for each person), one or two divorce coaches, a neutral divorce financial planner and, if it’s necessary, a neutral child specialist.
Before the collaborative process, the couple and the professionals all have to sign an agreement that states that for any circumstances, if the planning process fails and they seek resolution of their case in court, then all collaborative professionals including the attorneys of their choice, must leave the case. The couple will then have to hire new lawyers to start the case again in court. There are pros to this agreement because you and your spouse make decisions together based on your family’s needs. This allows your agreement to be more flexible compared to the courts ‘cookie cutter’ strategy. This process will allow a lesser chance of you and your spouse back in court fighting about the results.Prenuptial agreements are also good for predetermining who pays alimony in case of separation or divorce. This is particularly relevant when one spouse has significantly more financial assets than the other.
The wealthy spouse may broach the topic early. Perhaps, this is may not be a fair arrangement. The wealthy spouse may have more access to powerful and capable family lawyers with many years drafting and lawyering of prenuptial agreements. The poorer spouse may not have access to these resources. This results in levels of power and influence to detriment of the poorer spouse. Courts may consider this disparity when litigating the prenuptial and dissolution of the marriage. However, there is no duress and conflicts with existing law courts may be limited to discretionary awards that are already covered in the prenuptial agreement. The prenuptial agreement between Beyonce Knowles and Jay-Z doubled the alimony payment by Jay-Z if he was caught cheating. In this way, prenuptial agreements can attempt to encourage good behavior and punish bad behavior. Jay-Z has a hefty disincentive not to cheat again. More than 5 million per year. They are still a couple which means that perhaps they each invested in good family lawyers.Lawyers will discuss issues such as:
- Division of property
- Marital assets
- Support and maintenance
- Financial disclosure
Discuss issues regarding children such as:
- Parenting plans
- Shared parental responsibilities
- Visitation arrangements
- Co-parenting plans
- Child support guideline forms
Prenuptial agreements are important for child custody cases. Sometimes money is not the primary focus. Spouses may be more focused on who gets primary custody of the children. There are many collaborative laws of child custody situations. Each spouse may bring children from a previous relationship. They may also have children together. At the same time, they may adopt children. A good lawyer that specializes in prenuptial agreements and has experience in child custody arrangements is invaluable in this process. State and federal law must be considered. Family lawyers versed in parental rights are highly valued when looking to get a divorce. Prenuptial agreements must comply with applicable law because a prenuptial agreement that violates existing law may be null and void. Before their marriage, Brad Pitt and Angelina Jolie apparently had good family lawyers. Their emphasis was not on finances since they were both successful actors in Hollywood. Ms. Jolie was more focused on custody issues. Specifically, she wanted custody of the children in case of a separation or divorce. It was reported that in their prenuptial agreement, Mr. Pitt agreed to accept Ms. Jolie’s request. True to form when they divorced, Ms. Jolie got full custody of all the children. One of the major factors leading to divorce is a lack of communication. Communication and compromise are important within any relationship. You must remember that your partner cannot read your mind so expressing how you feel in a healthy way can digress heated arguments. Remember when sitting down with your attorneys, you must map out what you want and your spouse must do the same. If nothing can be agreed upon then your file will have to be completed in court, which means less wiggle room to get what you want. Before you meet with all the attorneys and legal team, sit down with your spouse and map out detail by detail on what should happen after the divorce.
There are many attorneys in the Miami area that can assist you in the process of a collaborative divorce. Miami offers many firms with free consultations for you and your spouse to lay out the details for your separation. Choosing who receives custody of the children, property, and other fees will lessen the stress compared to sorting that out in front of a judge. Downtown Miami also has free consultations with attorneys if you are trying to save money. The free consultations will provide you with a chance to ask questions and view probable results after the divorce.
The legal system places one party against the other in what can become a very time consuming and expensive process. After stress and multiple course cases, a judge listens to the most persuasive argument from each side, including cross-examinations, which reveal the weaknesses of each opponent. It puts husband against wife, mother against father and hostility escalates into the ultimate blood war, the trial. Litigation can be painful, expensive and damaging to a family’s hope of future cooperative relationships. This is why a collaborative divorce will do less harm because you can skip the part where you are on opposite sides and agree to choose what you both want together.