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Founded in 1997 we are experienced and knowledgeable Tampa attorneys practicing exclusively in Divorce, Family, Stepparent/Relative Adoption, Criminal Defense, and Personal Bankruptcy. We practice primarily in the cities of Tampa, Riverview, Brandon, Valrico, Lithia, Carrollwood, Northdale, North Tampa, Plant City as well as Hillsborough County, Pinellas County and Pasco County. We have offices conveniently located throughout Tampa Bay. Our lawyers have extensive experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions and name changes as well as criminal defense. We offer a free consultation to discuss your options. Please call us at 813-672-1900 or email us at info@familymaritallaw.com to schedule a consultation. Our representation of our clients reflects our dedication to them. We look forwarding to hearing from you! Se habla EspaƱol.
Showing posts with label Tampa Collaborative Divorce attorneys. Show all posts
Showing posts with label Tampa Collaborative Divorce attorneys. Show all posts

Wednesday, July 19, 2017

Divorcing without Conflict

Separating divorce from the notions of courtroom disputes and drawn-out litigation is hard to do. As this depiction is really the only one that is written about or appears on television. Obviously, if a couple chooses to divorce, the relationship has not been in a good place for some time, but ending the marriage does not necessarily mean the dissolution must be full of conflict. Alternatives to traditional litigation in divorce do exist that allow the parties to end the marriage on a more amicable note. Couples in divorce may have an invested interest in keeping the process as civil as possible, especially if they hope to equally share childcare responsibilities or have business interests together. One type of alternative dispute resolution that is becoming more popular in recent years is collaborative divorce.
The Basics of Collaborative Divorce
Collaborative divorce centers on the idea that the resolution of issues in divorce can be done in a productive and civil manner without the contentiousness of the courtroom. In addition to the parties, there is a team of professionals that assist the couple with finding solutions to their problems. This team consists of specially trained collaborative attorneys, mental health professionals and financial experts. They work with the couple to facilitate agreement on solutions that are best for the whole family, especially the children. Informal discussions, settlement conferences and mediation are some of the methods used during this process. The process begins when the couple signs the collaborative law participation agreement, which has the parties consent to forego filing a divorce petition in court, in favor of making a good faith effort to work out disagreements in a non-adversarial setting. Each party must be willing to voluntarily disclose relevant information, but any information exchanged or communicated during these sessions are confidential and cannot be later used at trial. Either party may terminate the collaborative process at any time and for any reason. Initiating court action automatically terminates the process, and the collaborative attorneys are not permitted to represent either party in the adversarial proceeding.
Collaborative Divorce May Not Be Necessary
Even though this process aims to completely neutralize and eliminate conflict and allows the parties to craft their own agreement outside of the courtroom, it is not always possible to come to an agreement nor may the process be in the best interest of the client.  If you do not have issues that require mental health professionals or financial experts, etc., then it is not necessary to go through the collaborative divorce process.  Even if you do have these issues, there are other means of alternative dispute resolution such as mediation.  In traditional family law cases, you can still preserve a working relationship. come to an agreement and avoid a hearing before the judge.  Furthermore, if you cannot come to an agreement, you will not have to begin the process again with another attorney as a collaborative law attorney must withdraw if the parties cannot come to an agreement.
Talk to a Divorce Lawyer
If you are contemplating or facing divorce, speak to a divorce attorney about your options for resolving your case outside of court. While alternative dispute resolution options are not appropriate in every situation, it is worth exploring other methods that could better for your family. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A.in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
by Lynette Silon-Laguna Google+

Thursday, February 11, 2016

Collaborative Divorce or Mediation – Which is Best?

Collaborative Divorce or Mediation – Which is Best?

Divorce is never an easy time for couples. Very few couples are able to go through divorce without some disagreements. There are plenty of issues to iron out and no matter how well you prepare for it, handling the separation and dividing property can come with some acrimony. How you handle disputes can either help to resolve them or can make them worse. In Florida, couples are typically expected to resolve their differences whenever possible before a divorce will be granted. This can be accomplished with an experienced divorce attorney or with outside help.
What is Collaborative Law?
Collaborative law is a special type of legal practice that occurs outside of the courtroom. Attorneys work together to assist clients in finding resolutions to their settlement disagreements. Collaborative divorce is often best for those who have high assets or those with serious child custody disputes. A collaborative divorce allows couples to work together to try to come to a resolution that is respectful of both parties. While this may be a trendy option, it may not be the best solution for many couples.
Mediation
Mediation is an option that is available to couples who are divorcing. A mediator is a professional who is not biased. The mediator works for neither of the parties directly but instead provides the support necessary to resolve the difficult issues of the divorce – issues the couple have not been able to resolve on their own. Both parties and their attorneys are present for the discussions, which may only be required to solve one or two of the most difficult areas of dispute. When couples are unable to come to a suitable agreement, the court may order them to seek mediation.
Disadvantages of Collaborative Divorce
While at first glance, collaborative divorce may seem like a good idea, there are some distinct disadvantages. Collaborative divorce is certainly not for everyone. One of the main drawbacks of collaborative divorce is that you must agree to resolve the issues without court intervention. If the negotiations are unsuccessful both attorneys must withdraw and new attorneys for both sides must be retained. This can be expensive and time consuming, and may be unnecessary. Sometimes a better approach is simply to work with your own attorney. Your attorney understands the details of your case inside and out and will always try to ensure that you are guided to an equitable result. It is in your best interests to discuss your options with your attorney and discover which one he or she sees as the best fit.
Achieving a Successful Divorce
A successful divorce can be achieved with help from a skilled divorce attorney. The divorce process can be stressful, but under the direction of your attorney, you can leave the stress behind and concentrate on the healing process. Your lawyer will advise you of the main issues of concern, will answer your questions, and work towards achieving a divorce that best meets the needs of your family. When seeking a divorce, contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
By Lynette Silon-Laguna Google+

Did Divorces Really Spike During Pandemic?

The COVID-19 pandemic started nearly one year ago and at that time, predictions were being made that it would cause a spike in divorce cases...