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Which option is the best choice for you?
In South Florida, five out of ten first-time marriages end in divorce. This rate increases for second marriages to six out of ten. In most cases, property must be divided and support must be negotiated and in many cases, the issues of child support and custody must also be resolved.
Many people make decisions about divorce without ever really understanding their options. At The Law Offices of Robert J. Merlin, P.A., we are committed to helping people understand their alternatives, so they can make the choice that allows them to achieve their best results.
The following information outlines the options available to divorcing and separating clients, including:
Collaborative Law
An out-of-court alternative based on respect
Going through a divorce does not automatically mean having to endure the turmoil that is often associated with it. You now have another choice, Collaborative Law. Developed as an alternative to the stereotypical divorce scenario, Collaborative Law is a new option for divorcing couples to resolve disputes respectfully without going to court. It offers couples a humane, solution-based approach to ending a relationship.
It differs from the traditional process because Collaborative Law promotes respect and gives control of the process to the spouses, not a judge. Clients agree not to go to court, so the process is more open and less adversarial. The goal is to enhance communication throughout the process and to lay the foundation for a healthier relationship during and after the divorce through Collaborative Law, relationships are preserved rather than destroyed.
Collaborative Law is based upon three principles:- The parties pledge in writing not to go to court.
- Both spouses engage in an honest and full exchange of information.
- Each solution takes into account the highest priorities of both spouses and their children.
How Collaborative Law works
Once the collaborative approach has been chosen by the divorcing couple, each spouse selects lawyers experienced in Collaborative Law to assist them throughout the process. All parties sign an agreement not to go to court. However, Collaborative Law is unique in that the spouses and their lawyers meet together for face-to-face discussions and negotiations—outside the courtroom.
In an atmosphere of openness and honesty, all assets and liabilities are disclosed, needs are communicated, and solutions are explored. When children are involved, their interests are given foremost priority. In some cases, other collaborative professionals such as child specialists, financial advisers and divorce coaches, may also be involved.
The end result of Collaborative Law is a divorce agreement that has been achieved through mutual problem solving. The divorcing spouses, along with their lawyers, take control of shaping the final agreement rather than having a resolution imposed upon them by the court.
Benefits of Collaborative Law
Designed as an alternative to conventional divorce, Collaborative Law offers many distinct advantages:
- Kids count. Children are given a voice in the process through a child specialist, alleviating potential trauma that sometimes lasts for generations.
- Client remains in control. Decision making is directly in the hands of the spouses involved in the divorce rather than the hands of a judge. This means that the client is not bound by a “one size fits all” resolution.
- Parties enjoy confidentiality. Problems and assets are kept private and not a part of the public record.
- Solutions are mutually beneficial. The collaborative process recognizes and understands each client's needs, interests, concerns and goals, while allowing both parties to be heard throughout the process.
- Respect is key. Collaboration changes the notion of divorce from adversarial and win/lose to a problem-solving constructive experience in which everyone is involved in a positive, win-win situation.
- Couples can expedite the process. The time of the divorce process can be reduced if couples adhere to the principles and guidelines of Collaborative Family Law.
For more information on Collaborative Law go to www.Collaborativepractice.com or www.collaborativefamlaw.com
Mediation
Reaching mutual decisions without the courts
Mediation is a voluntary process through which a client makes decisions together with his or her spouse based upon an understanding of the client's views, the spouse’s views and the reality the parties face. A professional mediator facilitates the parties' discussions but does not give legal advice or make decisions. The mediator may, however, make suggestions of how the various issues in dispute can be resolved.
How Mediation works:
The parties and their attorneys meet with the mediator to identify issues, complete the exchange of information if necesssary, and to use non-coercive problem-solving techniques to come to an agreement.
The parties can be supported in or out of the meeting room by consulting lawyers, financial and estate planners, accountants, insurance advisors, therapists and other family members.
Family-centered conflicts that can be resolved through mediation include:- Separation & divorce
- Parenting & visitation
- Division of assets & liabilities
- Spousal & child support
- Paternity actions
- Pre-nuptial and post-nuptial issues
- Parent-teen conflicts
Benefits of Mediation- The client sets the pace. The process can move as quickly or as slowly as the parties choose and the client is not restricted by the availability of a court calendar.
- The involvement of the court is minimized. Everyone agrees to reach an agreement outside of a courtroom.
- The parties create workable solutions. The process gives the client the freedom and opportunity to craft more creative solutions than are available through courts.
- The parties remain in control. In a typical scenario, the court imposes a solution it could also assign to hundreds of other families. Through mediation, the parties hand craft a resolution that will work for both of the parties and their children.
- The parties save resources. Mediation is generally less costly and time-consuming than litigation.
- The parties enjoy confidentiality. Proceedings remain private.
Litigation
A Traditional and More Aggressive Approach
The traditional approach to resolving disputes is litigation. The technique is not as common as it once was, as there are now alternative methods for resolving issues related to divorce and other family law matters.
How Litigation Works
With litigation, each individual hires a personal attorney to represent them in court regarding the matters in question. For divorces, these typically include child custody and timesharing, child support, alimony, the equitable distribution of assets and liabilities, exclusive possession of the marital home and attorney’s fees. We will attempt, in the early stages of our representation, to resolve the case amicably, but if the parties cannot agree, the court will be involved.
Issues to consider in the litigation process:
- Litigation eliminates the client's control of the outcome and places the control with a judge
- Litigation is emotionally more difficult for families
- Litigation can be more expensive
- Litigation is more time consuming
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