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Procedure of Collaborative Divorce in Lake Mary, Florida and Orlando, Florida Areas

A Collaborative Divorce can begin when the parties and the attorneys representing the parties  agree to use the collaborative process. Before you undertake using the collaborative process, your attorney must explain to you, and have you sign off, that you were informed about the collaborative process. You sign an Explanation of Collaborative Process to make sure you fully understand the process.  

You must understand that if you do not resolve the case in the collaborative process, then you must retain litigation attorneys. You cannot use your collaborative attorney in litigation. Sometimes, one party may have filed for divorce and the other side suggests doing the case in the collaborative process. Then you can file a Joint Stipulation to abate the litigation case to do the case in the collaborative process. 

The next step is to assemble the Collaborative Team. The attorneys will decide on a mental  health neutral and financial neutral. The two attorneys, the mental health neutral, and the financial neutral make up the professionals. Sometimes there is a notetaker on the Professional Team who is a mental health neutral who is learning the collaborative process.

The professionals will have an initial phone call to start the process. Then the Team meetings will start. A Collaborative case may possibly be settled in four meetings or more. For the Team Meetings, the professionals meet for a half hour then the team meets for two hours then the professionals have a debrief meeting. 

During the Team Meetings, the Mental Health Neutral will assist the participants so they can express their goals. The Financial Neutral will compile the participants’ financial documents and prepare an equitable distribution chart based on what the participants express their goals are in the case. The Team will assist the parties form settlement options. 

When the participants have come to an agreement on what assets and debts they shall receive, what alimony will be paid if any, and what attorney’s fees will be paid if any, the attorneys will prepare a Collaborative Marital Settlement Agreement for the parties to sign. 

If there are children involved in the collaborative process, then the mental health neutral helps the participants formulate a parenting plan. The financial neutral will prepare the child support guideline worksheet based on what the participants have agreed to regarding timesharing. 

The financial neutral will also help the participants regarding alimony and prepare alimony guidelines. They will assist the participants with issues that the participants would address with a financial planner including the preparation of QDRO (Qualified Domestic Relations Order). The financial planner may also discuss the tax ramifications involved regarding the settlement if they are qualified to do that. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.