Collaborative Law

On July 1, 2017, the Collaborative Law Process Act and the Collaborative Rules of Procedure and Professional Conduct went into effect. The objective of the Act is stated in §61.55, Florida Statutes:

“It is the policy of this state to encourage the peaceful resolution of disputes and the early resolution of pending litigation through a voluntary settlement process. The collaborative law process is a unique nonadversarial process that preserves a working relationship between the parties and reduces the emotional and financial toll of litigation”.

The Collaborative Process is an alternative to traditional litigation whereby the parties work together in a “team” setting with the goal of reaching an efficient, fair, and comprehensive settlement of all issues. Collaborative Law allows the parties to maintain flexibility and control of the process, while undertaking a solution-based approach in a confidential setting. Especially when the parties have children or grandchildren, the goal is to lay the foundation for a healthier relationship after the process is concluded. Through this process the parties are provided with the tools necessary to avoid future conflict and potentially future litigation.

Collaborative Divorce Process

Armenteros Law specializes in guiding individuals through the transformative journey of divorce utilizing a process known as Collaborative divorce. Our team of experienced and compassionate professionals are dedicated to helping you navigate this difficult time in your life with dignity, respect, privacy, and efficiency.

What is Collaborative Divorce?

Collaborative Divorce is a unique and innovative approach to ending a marriage that emphasizes cooperation and open communication. Unlike traditional litigation, where couples battle it out in court, Collaborative Divorce encourages both parties to work together to find mutually beneficial solutions. This process fosters a respectful and amicable environment, making it an ideal choice for couples seeking a more harmonious and less adversarial dissolution of their marriage.

The Collaborative Divorce Process Step-By-Step

Initiating the Process:

Once both parties have decided to use the Collaborative Process, both parties and their Collaboratively trained attorneys sign a participation agreement, committing to the collaborative process and resolving issues outside of court.

Building a Team:

Especially when children are involved, the Collaborative team generally involves the participation of neutral mental health professional to server as a facilitator, to help guide the process and maintain the focus on the parties’ interests and goals. The mental health professional will also help the parties formulate a parenting plan for the minor or dependent children, including improving communications for a healthier post-divorce relationship. Other neutral professionals such as a forensic accountant, financial planner, or child specialist may also be included as part of the professional team. All professional participants will also be required to sign the participation agreement as a commitment to the confidentiality of the process.

Team Meetings:

Regular meetings are scheduled to facilitate open communication and ensure that both parties’ concerns and needs are addressed. The flexibility of arranging these meetings allows for a quick and efficient conclusion to the divorce process.

Negotiation and Problem-Solving:

Attorneys work collaboratively to help the couple negotiate and find mutually agreeable solutions to issues such as property division, child custody, and financial matters.

Drafting the Settlement Agreement:

Once agreements are reached, a divorce settlement agreement is drafted, which outlines the terms of the divorce. There can also be partial agreements throughout the process.

Court Approval:

The final step involves presenting the settlement agreement to the court for approval, making the Collaborative Divorce legally binding.

Benefits of Collaborative Divorce

Confidentiality:

The Collaborative Law Process allows the parties to shield personal details of their case including agreements from the public record.

Reduced Conflict:

Collaborative Divorce minimizes conflict, creating a more positive and less emotionally draining experience for all parties involved.

Cost-Effective:

The Collaborative process often results in lower legal fees than a traditional litigated divorce as court preparation and court time is not required.

Faster Resolution:

By working together, couples can often reach resolutions more quickly than through the lengthy court process.

Preservation of Relationships:

The Collaborative approach helps preserve amicable relationships, which is particularly important when children are involved.

If you are considering divorce and believe that a collaborative approach may be the right choice for you, contact Cecilia Armenteros at Armenteros Law. Our team is here to guide you through the collaborative divorce process, providing the support and expertise you need during this challenging time. Together, we can navigate the path to a brighter and more harmonious future.

Prenup/Postnup:

Florida Prenuptial Agreements

Under Florida law, a prenuptial agreement is a contract signed between two parties who intend to get married, which defines their respective rights and obligations during the marriage, or at a later time if the marriage is dissolved. Prenuptial agreements can be used to attempt to avoid expensive and lengthy legal battles that sometimes occur when a marriage ends. A court can also use them to avoid equitable distribution of their assets during a Divorce, by instead instructing the court on how assets should be divided between the parties.

Prenuptial agreements can address a variety of issues such as:

  • Distribution of assets
  • Division of property
  • Promises made between parties
  • How each party will be supported after a Divorce

However, a prenuptial agreement may not include waivers of provisions regarding parental responsibility, parental support, or time-sharing rights.

Prenuptial agreements must be in writing in order to be enforced by a Florida court. Because it is important to take all necessary steps to ensure the validity of a prenuptial agreement and avoid later claims of fraud or coercion, it is important for each party entering into a prenuptial agreement to have an attorney who can inform them of their rights and review any agreement that is drafted. Additionally, prenuptial agreements are often non-modifiable and will not be invalidated simply because they are a “bad deal,” thus it is very important to seek the advice of a qualified divorce attorney before signing a prenuptial agreement.

Postnuptial Agreement

A postnuptial agreement is similar to a prenuptial agreement except that parties sign it after they are already married. Postnuptial agreements may be created without anticipation of divorce and are used to set forth the rights of parties during the marriage or in the event of death. They can also be created when a married couple anticipates divorce and wishes to amicably distribute their assets. As with prenuptial agreements, postnuptial agreements must be in writing and should be reviewed by a qualified Divorce attorney in order to ensure that all rights are adequately protected.

Paternity/Parental Responsibility/Timesharing:

Paternity refers to the process of establishing the identity of the biological father of a child. This is an important process that is intended to protect the rights of the father, the child, and the mother. Under Florida law, any woman who is pregnant, or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise.

If paternity is determined, the court will then address issues of financial support, and the establishment of a parenting plan to address the rights and responsibilities of the parents as well as a structured schedule of time-sharing (visitation). Ms. Armenteros can assist in creating a parenting plan that will outline time-sharing, parental responsibility, and all other relevant details pertaining to minor children in a relationship.