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Collaborative Divorce2021-12-03T16:45:38-05:00

Collaborative Divorce. Working together has many benefits.

Can you and your spouse work together to resolve divorce issues amicably? If so collaborative law may be for you.

A collaborative divorce requires both parties to agree to resolve their issues amicably without going to court. In a team approach, which may include financial and mental health professionals, both spouses and their lawyers sign a “Participation Agreement” where they agree to work together and voluntarily disclose all info in order to reach a satisfactory settlement of all the issues in a non-adversarial environment. Collaborative attorneys undergo special training and certification.

Liliana is a member of the Collaborative Family Law Professionals of South Florida.

There are financial and emotional incentives to working through the collaborative process once you have committed to it. But if one of the parties decides that the divorce cannot be finalized collaboratively, both collaborative attorneys must withdraw from the case and both spouses need to obtain new attorneys.

Collaborative Law as a divorce option – Frequently Asked Questions

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What to expect from a free consultation phone call with Liliana L Guarino2024-09-17T11:48:27-04:00

Four approaches to getting divorced

Flat fee, uncontested divorce

Mostly, in cases where there are no children and no assets to divide, it is probably a short-term marriage. The spouses can do it themselves. They don’t need really an attorney. They can go to the courthouse, file the paperwork, and we actually offer a free form in our website that they can download and review to check if they, you know, they are good, fit for an uncontested if everything is in agreement and, they can probably do it themselves.

Certified family mediation

Certified mediator. If the spouses want to sit together with a neutral facilitator, then we can discuss what the issues are. My role in that case is not to give legal advice to either one but to facilitate a resolution. And that works very well when they are amicable, and they want to save on costs. It’s a very good option.

Collaborative divorce

They collaboratively divorce. Each spouse retains an attorney that has special certification to be a collaborative attorney. In that case, what we do is sign what is called a participation agreement. The two attorneys and the two spouses. And we commit to resolving the case out of court. Everything is done out of court. And when the final agreement is reached, we file it, and we move forward to contest the final hearing.

Conventional divorce

This is the typical and most common case where one spouse comes, and there are issues, whether it is about children, whether it is about equal distribution support, and the spouses are not in agreement. So one, spouses retain my services. Sometimes, we need to involve other professionals, such as forensic accountants, to do this to find assets.

All those types of things, there may be disputes about the children, what is best for them or not? And those all those things involve a much longer process, and that is, basically, what we do and would represent the client to try to get the best for them.

How does a collaborative divorce help with privacy?2021-11-12T15:19:12-05:00

A collaborative divorce process keeps all but the final filing out of the court system. Parties work at their own pace working out the divorce details with a team of their attorneys and other trained professionals. Judges are not involved in making decisions. This approach limits exposure to public records.

In collaborative divorce, do I still have my own attorney?2021-12-03T17:05:14-05:00

Yes. In fact, both parties have their own divorce attorneys, looking out for the best interests of their client. Collaborative divorce attorneys work closely with all parties with the goal of reaching the divorce as smoothly as possible.

Is a Collaborative Divorce less costly?2021-11-12T15:19:26-05:00

Yes. With collaborative law you share professional resource costs with your spouse. Trained professionals in finance and mental health are utilized by both parties, thus saving money. These professional are less expensive than attorney fees and often are better suited to address the various aspects of preparing for a divorce.

Schedule a personal consultation with Liliana

*Please note: Liliana L Guarino reserves the right to determine if her Collaborative Divorce service is appropriate for your situation.

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