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Category: Collaborative Family Law

Encouraging Collaborative Divorce in Florida

It’s a choice that has to be made by both spouses, but it comes down to a choice to fight, or to attempt to resolve the divorce peacefully. If there are minor children and the divorce is conflictual, it is rare that the children are not somehow put in the middle and affected by the divorce. Some parents are able to go through the conflict of a divorce and keep the children out of it, but if both parents are able to do that, they are often able to find a way to settle the divorce also without a heated court battle. Collaborative Divorce is process in which both parties agree to attempt to settle all of the issues in the divorce without litigation – you can read more about the process by following this link – collaborative divorce.

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Keeping Perspective on Family Law Cases During This Holiday Season

This holiday season and recent events effectively and painfully lend some perspective to the kinds of conflicts and disagreements that arise in many other areas of life, including family law litigation and other arenas as well. We see some of a shift I believe in an area of disagreement like the “fiscal cliff” negotiations, that had been prominent in the political and financial life of the country recently – there seems to be less of a focus now on arguing or posturing and more on attempting to arrive at an agreement. That may have been something that was going to happen anyway, but the tone or approaches do seem different now (although in the one day since first writing this post, it appears that Washington may be returning to “normal”). There also can be a shift in the approach or mind-set in divorce and other family law litigation, or really

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Is “Alternate” Dispute Resolution in a Florida Divorce Possible, When You Don’t Like Each Other? (Part II)

Another process, which I don’t think is quite as well known at this point as mediation, is Collaborative Family Law. It’s basically a process where both sides and their attorneys agree and commit to resolving the case outside of court. Everyone signs an agreement that if the case ends up contested in court, neither of the attorneys who participated in the collaborative family process is permitted to represent a party in court.https://www.youtube.com/watch?v=6_1qOpk2GRACollaborative Family Law is usually thought of as a approach where everyone tries to get along, and usually happens as a series of meeting with all the parties, attorneys and any experts present, where the parties “collaborate” and try to resolve the case. I believe it’s possible for it to work also in situations where there is high conflict, it the parties make some basic commitments, at least in their own minds. Even if the parties hate each other,

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Is “Alternate” Dispute Resolution in a Florida Divorce Possible, When You Don’t Like Each Other?

More and more clients and divorce attorneys in Broward, Dade and other parts of Florida are moving towards trying to resolve family law cases outside of court. It’s always been the case that most divorces and other family law cases are settled outside of court, before trial, but something that is become more popular these days, as people look for less adversarial and less expense ways to handle divorces, is something often referred to as “alternative dispute resolution”, including Mediation and Collaborative Family Law. Many people are pretty familiar with mediation, and there is an earlier post on the blog discussing mediation. You can find more information here about Collaborative Family Law. The issue I wanted to address in this post is can these alternative, or potentially more friendly approaches work where the parties don’t like each other, or where there are still extremely strong feelings of anger or resentment?

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