Divorce is a major life transition that can change every aspect of your world. In a contested divorce, a courtroom trial can drain your finances and create lasting divisions, even with your children. But what if your divorce could avoid a courtroom battle, and you could resolve conflicts with direct and respectful communication? It is possible for those who choose to engage in collaborative divorce, which is an alternative to traditional divorce. In a collaborative divorce, couples focus their energies on positive solutions with the assistance of a committed, collaborative divorce lawyer.
Knowledgeable and Compassionate Gainesville Divorce Attorney
Adriane M. Isenberg, P.A., has helped countless couples negotiate divorce without going to trial. Attorney Adriane Isenberg has been trained and certified in collaborative family law practice since 2008. She possesses a unique combination of family law experience, clear and compassionate communication, and innovative problem-solving skills. With a track record of successful outcomes in collaborative divorce cases, you can be sure she will guide and support you through the process with minimal conflict and mutually beneficial agreements for you and your family.
The Collaborative Divorce Process in Florida
If both spouses agree to engage in collaborative divorce, they sign a Collaborative Participation Agreement, a legal document outlining the collaborative process’s framework. A lawyer with specialized training in collaborative divorce must represent each party. Besides the attorneys, they may involve other professionals as needed. A series of joint meetings are held to negotiate the divorce terms. Once agreements regarding the equitable division of assets and debts, alimony, child support, and time-sharing are reached, a Marital Settlement Agreement and Parenting Plan are drafted and submitted to the court for approval. A family law judge determines if the agreement complies with Florida law and, if so, approves the divorce.
Benefits of Collaborative Divorce
- Privacy: Even high-net-worth couples or celebrities often choose collaborative divorce to keep details of their lives behind closed doors. The divorce and its outcome are not seen by the public eye.
- Cost-Effective: Adversarial trials can incur significant legal and court fees, whereas a collaborative divorce is generally cost-effective.
- Control and Personalization: In collaborative divorce, the goal is to reach an agreement tailored to meet the unique needs of both spouses. Couples with a say in the outcome are more likely to comply with their divorce decree.
- Preserve Relationships: Collaborative divorce, especially when children are involved, encourages working amicably with your spouse which reduces the likelihood of conflicts in co-parenting.
- Less Stress: The emotional trauma of traditional divorce is lessened when couples can work together amicably, and children are less likely to be caught in the crossfire.
- Efficiency: According to the Florida Academy of Collaborative Professionals (FACP), a traditional divorce can take years, as opposed to a collaborative divorce process. 78% of collaborative divorce cases are completed in less than six months, and over 91% are completed in less than nine months.
How is Collaborative Divorce Different from Mediation?
While collaborative divorce and mediation are both alternative approaches to a divorce trial, there are differences in their approaches. Mediation is often court-ordered for dispute resolution in contested divorces. The process is overseen by a third-party neutral facilitator who does not provide legal counsel to either side. The participants can choose whether to hire legal counsel.
In a collaborative divorce, couples voluntarily enter into negotiation. They are each represented by an attorney who advocates for their interests. Having an attorney present is a distinct advantage if there is a power imbalance in the relationship with your spouse. If the collaborative approach fails, both attorneys must withdraw, and the couple needs to move forward with a contested divorce, which may include court-ordered mediation.
Adriane M. Isenberg, P.A.: A Gentler Approach to Divorce
If you and your spouse are seeking a divorce and wish to focus on amicable solutions with a smooth transition to the dissolution of marriage, a collaborative divorce may be right for you. Contact our Gainesville divorce attorney, Adriane M. Isenberg, to learn more about this process and how we can guide you in your divorce journey. We represent family law cases throughout north Central Florida. In addition to comprehensive divorce services, we offer legal services for adoption, dependency & DCF cases, guardianships, paternity, pre- and post-nuptial agreements, and wills and trusts.
Contact Adriane M. Isenberg, P.A.at (352-331-4922) or complete our online form to schedule a confidential appointment. We offer an initial consultation for $100, payable at the time of the appointment, to discuss your family law situation and options.