Miami collaborative family law: Resolution with less conflict

We often have clients come to us who say, “My spouse and I both want a divorce and want to resolve this as amicably as possible. We don’t want to waste money fighting and have already determined who gets what.” This is great, and one of the best approaches to situations like this is the collaborative family law approach. Lisa Vari, Esq. is a collaborative family lawyer who can help you resolve your family law matter with less stress and less money. Read on to learn about the process to see if it is right for your family.

Here are some commonly asked questions about collaborative family law:

1. What is it?

This is an approach wherein instead of starting off in litigation (filing a divorce complaint), the spouses start off in negotiation mode. Each party must have a collaborative family law attorney who informally exchange financial documents and draw up an agreement for the parties to consider. If the parties reach an agreement and sign it, they can move forward with filing a divorce as uncontested – meaning there will be no litigation and all the court has to do is sign off on the agreement and declare the marriage dissolved. The benefit is that the parties usually spend less time and money getting the matter resolved.

2. What happens if we don’t resolve it?

If you can’t resolve the case in this manner, no problem. You can proceed with the traditional litigation route. The money you spent on the collaborative approach is certainly not a waste – you will have completed financial discovery, a process which usually is the most costly in a family law matter. This financial discovery can be used in the litigation, thereby reducing the time and money it takes to get to trial.

3. Is it limited only to divorce matters?

No. This approach can be used for any type of family law matter – paternity, same-sex cases, child custody, child support and divorce are just some of the family law matters that can benefit from this approach.

4. We’ve already filed a case with the court, but now we want to try the collaborative approach. Is it too late?

No! You can file what is called a motion for stay in the family court which will pause the proceedings while you try this approach. If things don’t work out, as discussed above, you can always resume litigation.

If you would like to consider this approach in resolving your family law matter, contact us today for a consultation. Lisa Vari, Esq. is a member of the Collaborative Family Law Institute which assists parties in working toward a mutually fair and equitable end to their relationship without the acrimony, anxiety and financial cost that often accompanies litigation and to protect the integrity and health of family relationships. Let us help you get started on a better tomorrow for you and your family.

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