Collaborative Law is a process that enables divorcing couples and couples involved in other family law disputes, each represented by counsel, to resolve their differences in a nonadversarial setting.
The process operates in an environment grounded in good faith, cooperation, integrity, honesty and professional ethics to facilitate the resolution of the couple’s differences without litigation. The couple and their lawyers enter into a Participation Agreement wherein they agree to work together to achieve a satisfactory settlement in a cooperative manner.
The participants agree to voluntarily disclose all relevant information and to cooperatively resolve all issues outside of litigation. Settlement is accomplished through informal discussions, settlement conferences, mediations and other amicable alternatives. The use of experts may be necessary and should be encouraged where their involvement can assist in the collaborative process. Collaborative Family Lawyers work toward settling your case rather than preparing for and conducting a trial, resulting in savings, both financial and emotional, to you and your family.
There Are Several Benefits To The Collaborative Law Approach Including:
- Mutually Agreed Upon Settlement
- Atmosphere Of Cooperation
- Anxiety Reduction
- Retaining Control Of The Settlement Process
- No Adversarial Environment
- Greater Privacy And Confidentiality
- Savings Of Time And Of Money
Alimony
Post-Divorce Financial Support
Florida law allows for a former husband or former wife to continue to be supported by the other spouse after the marriage has been dissolved. This post-divorce support goes by many names including: alimony, spousal support, support or maintenance. Originally, alimony was only collected by the ex-wife. Today, either husband or wife can be required to financially support the other, depending upon the financial circumstances surrounding the divorce.
The Amount Of Maintenance That One Spouse Has To Pay To The Other Is Based Upon Several Different Factors, Some Of Which Are:
- Duration Of The Marriage
- Contribution Of Each Spouse To The Marriage (Homemaking And Child Care Are Included In This Point)
- Financial Resources Of Each Person, Including All Marital And Non-Marital Assets Available
- Physical And Emotional Condition Of Each Party
- Age Of Each Party
- Standard Of Living During The Marriage
Types of Alimony Agreements
There are several different types of alimony in the state of Florida. With any divorce, there are many different factors that have to be juggled and arranged in order to achieve agreement on both sides.
The different types of alimony include:
- Permanent Period Alimony – this type of alimony can be required as a monthly payment from one ex-spouse to another to maintain the standard of living which was originally set during the marriage. Permanent alimony is normally reserved for long-term marriages, though this type of alimony has been granted in marriages less than fourteen years long in some cases.
- Rehabilitative Alimony – This type of alimony is awarded when one spouse has let his or her professional status lapse due to the marriage, or has some other type of similar circumstance where it will take some time to return to a level of income that the ex-spouse is accustomed to.
- Transitional Alimony – Sometimes one spouse is awarded a one-time payment to help him or her adjust to single living. This is when this type of alimony would be applied, especially if the person does not qualify for any other type of alimony.
- Durational Alimony – According to 61.08 of the Florida Statutes, durational alimony allows the recipient to receive payment for a set period following a relatively short marriage. It can also be awarded after longer marriages if permanent alimony is inappropriate.
- Lump Sum Alimony – Sometimes the amount of spousal support that would be provided over a period can be awarded in one lump sum. Sometimes distribution of assets is referred to as lump sum alimony even though it isn’t technically alimony that the person is receiving.
- Temporary Alimony – This type of alimony can be awarded to one spouse during the divorce proceeding until a more permanent arrangement can be made.