Collaborative Law
Sarasota, Bradenton and Venice, Florida Collaborative Law May Be an Alternative
Get legal support, advocacy and guidance without going to court
Ending a marriage can be expensive, complicated and contentious—especially if you litigate in court. Collaborative divorce enables spouses to divorce without the stress, delay, and expense of litigation. In collaborative divorce, each spouse hires a lawyer and all four parties meet to identify, negotiate and resolve issues involved in ending the marriage.
Collaborative divorce requires both lawyers and both spouses to commit to:
- Negotiating a resolution without going to court
- Sharing relevant information via open, honest communication
- Creating a solution that considers the priorities of both spouses and any children
In collaborative divorce, if any member of the collaborative team (spouse, lawyer or other professional) violates any of these commitments, the lawyers and professionals must withdraw from the case and cannot represent the spouses or testify in court. This is an incentive for all parties to behave respectfully and negotiate resolutions in good faith.
That’s why a key element of a successful collaborative divorce is finding an attorney who is familiar with and committed to the collaborative process in Florida. Attorney Matthew Z. Martell has successfully completed collaborative divorce training and is a certified collaborative divorce attorney. The Sarasota, Bradenton and Venice, Florida collaborative attorney Matthew Z. Martell can help you to determine if collaborative divorce is a good choice for your divorce.
COLLABORATIVE DIVORCE IS A GOOD ALTERNATIVE TO LITIGATION
Collaborative divorce is not the only alternative to litigation. Depending on your circumstances a divorce pre-suit settlement package and/or Pre-Suit Mediation may also be a good choice. Settlements are usually the result of a contentious adversarial court case. In most cases, significant time and money have already been invested before the parties even begin to negotiate a settlement.
Given the right circumstances, collaborative divorce can be less expensive than litigation.
While usually less expensive than litigation mediation also has some pitfalls. In mediation, both spouses can meet together, or they can meet separately on their own with their attorney. More often than not, spouses choose to conduct their mediation in separate conference rooms. A neutral mediator is agreed upon by both spouses and their respective attorneys. The mediator goes back and forth between the two parties to relay the requests and needs of the spouses and has direct negotiations with both parties and their attorneys. Mediators ensure the integrity of the mediation process, but they do not advocate for either party like a personal attorney does.
Collaborative divorce is a non-adversarial way to get both parties to reach an agreement with their lawyers present as participants, advocates and consultants. In addition to each spouse having an attorney, the participants may also agree to have other professionals join the team, including:
- Other mental health professionals to help you manage the stress and emotional impact of your changing relationship
- Financial specialists, appraisers and/or accountants to help you determine your financial options and protect each spouse’s interests
- Child specialists to look out for the interests of any children
Instead of being adversarial experts, these professionals work jointly with both parties. They should also be trained in collaborative divorce practices. Our collaborative divorce lawyers can recommend any professionals who will be helpful during the collaborative divorce process.
IF YOU ARE CONSIDERING A COLLABORATIVE DIVORCE THEN CONTACT THE LAW OFFICES OF MATTHEW Z. MARTELL, P.A.
The Law Offices of Matthew Z. Martell, P.A. help our client’s in Sarasota, Bradenton and Venice, Florida to determine if a Collaborative Divorce is the best option for dissolving their marriage after careful discussion and consideration. We will review your case and advise you if collaborative divorce is a good alternative for your circumstances.
Contact Law Offices of Matthew Z. Martell, P.A. for the experienced, compassionate representation to help you through your divorce. Call (941) 556-7020 or contact us online to speak with a Sarasota, Bradenton and Venice attorney from Law Offices of Matthew Z. Martell, P.A. today.
