Resolving Divorce Issues Outside of Court

When people usually think about divorce, they picture a courtroom with the parties appearing before a judge to argue their respective positions. This is the image of the legal system in America – working out disputes in front a judge who makes the final decision on issues like who is at fault, should pay money, or receive custody of a child. Given that divorce is traditionally seen as a contentious process that often requires the parties to openly contest the demands of the other, it makes sense that alternative ways of resolving disagreements are often unknown, let alone discussed. However, there are numerous advantages to settling divorce concerns in forums outside the stressful environment of the courtroom. If parties want to preserve their relationship in order to better co-parent a child or continue operating a family business together, choosing a less combative proceeding presents a better opportunity to achieve that aim. In fact, Florida recently passed legislation that formalizes a collaborative divorce process that is intended to facilitate amicable dissolutions.

Mediation

Mediation is a process whereby a neutral third party attempts to help individuals in a legal dispute come to an agreement. Essentially, a mediator works to help the parties communicate more effectively and concede a compromise if it is necessary to prevent an impasse in the process. It is common for each party to have his/her own attorney present at mediation sessions to ensure legal interests are not unnecessarily given away. This procedure is voluntary, and either party can opt out at any time in favor of pursuing a traditional suit in court, but some of the advantages of this method include:

• lower cost;
• faster timeline;
• parties can choose the mediator;
• facts of the case remain private and confidential; and
• complete control over the outcome.

In addition, it is worth noting that Florida law permits a judge to refer parties to mediation in cases where the parties are disputing parental responsibility, visitation, or child support, so this is a process that is already recognized as beneficial by the traditional legal establishment.  In Hillsborough County, mediation is mandatory before the parties can have a hearing before a judge.

Collaborative Divorce

Finally, the Florida legislature recently passed a law that formalizes the operation of the collaborative law process for family law matters in this state. This method offers a non-adversarial approach to conflict resolution that is intended to preserve the parties’ relationship. It is a voluntary settlement process that employs the services of mental health and financial professionals, as well as specially trained attorneys, to help the parties collaborate towards the satisfactory settlement. The parties enter into a participation agreement wherein they agree to forego filing a standard divorce petition while engaged in the collaborative process. Further, if the parties are unable to come to an agreement in this forum, the attorneys must withdraw their representation, and cannot participate in the court case.  Usually this method is employed only if there are mental issues involved, alimony, real property and personal property which require experts to help resolve the issues.  If not, then it is not necessary to go through this process and one attorney can be utilized throughout the proceedings.

Consult a Family Law Attorney

If you are seeking a divorce, regardless of whether you can or cannot come to an agreement, a case will have to be filed with the court.  And even if a case is filed before you come to an agreement, this does not mean you cannot amicably resolve your differences thereafter and have an uncontested divorce.  A family law attorney can advise on all the alternative dispute resolution options, and help guide you to the type that is most advantageous for you. The Tampa Bay All Family Law Group, P.A. is experienced in adversarial and non-adversarial approaches to divorce, and can adapt to either approach if circumstances change. 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+

Divorce and Mediation

Given the emotional, financial and legal upheaval divorce creates for most couples, it is easy to understand why divorcing spouses have trouble seeing issues eye-to-eye. Typically, a person’s entire world changes in the wake of divorce, and seeing the other spouse as the source of this conflict certainly makes it challenging to find places of agreement. However, there are circumstances where it may be preferable to find areas of commonality and to work together toward resolution with minimum amounts of dispute to keep the relationship as intact as possible. This need for cooperation is often seen in divorce cases involving children or spouses that own and operate a business they wish to maintain with minimal disruption. Taking a divorce case through the traditional court process is, by its nature, a combative procedure. Each spouse takes a position on each issue, there is little collaboration, and a third party, in the form of a judge, is the ultimate decision-maker. There is another option that allows divorcing spouses to work together toward resolving issues in a more congenial manner – mediation. An overview of how this process works, and when courts require parties to a divorce to enter into it, will follow below.

What Is Mediation?

Mediation is a non-adversarial process where parties in a dispute discuss areas of disagreement in the presence of a mediator. A mediator is a neutral third party that attempts to help the parties better communicate, which makes it more likely they will be able to resolve their issues. Even though judges are not involved in the process, lawyers can still attend mediation sessions with their clients to help them make informed decisions with an eye toward the legal consequences. An advantage of mediation over litigation is that this process is private and confidential, and records of the parties’ agreement are not open to the public. In traditional divorce cases, unless a judge makes the unusual decision to seal the records, all the documents filed with the court are public records. Further, mediation is faster and less expensive, and the parties have complete control over the outcome. Note that this process is voluntary, and either party can withdraw at any point and for any reason. If the parties cannot come to an agreement, they still have the option of proceeding with the divorce case in court.

When Is It Required?

Some mediation is required under court order, and the parties must make a good faith effort to resolve their disputes in this forum before returning to the judge for resolution. In family law matters, courts will order the parties to undergo mediation if the following issues are under dispute:

• parental responsibility;
• which parent should provide the primary residence for the child;
• access to a child;
• visitation; or
• child support.

If the parties are able to agree, the terms of the agreement are formally documented by the mediator in a consent order that is submitted to the parties and their attorneys for review. If the parties approve the consent order, it is then given to the judge for final approval, and once granted, the consent order is enforceable to the same extent as a regular court order.

Talk to a Divorce Attorney

If you are facing divorce and want to know your options for resolving disputes outside of court, talk to a divorce attorney who can advise of the different options available, which extend beyond just mediation. The Tampa Bay law firm of All Family Law Group, P.A. works with divorcing clients in all stages of the process, and in forums outside of court.  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+

How Does Mediation Work?

If you are involved in a contested divorce in Hillsborough County or other Florida jurisdictions, you will be required to attend mediation prior to judge hearing your case, unless there is a substantiated emergency. Outside of emergencies, the Florida Rules of Family Law Procedure require both parties to go to mediation before either temporary relief or a final trial can be ordered. This process is more informal than a jury trial and encourages parties to come to an agreement before relinquishing these issues to a judge’s discretion.

What is the Process?

Mediation is where both parties attempt to reach an agreement with a neutral third party, a mediator, coordinating the negotiation. The mediator is a neutral third party that has been pre-approved by the court.

It is important to note that a mediator is not a judge. They do not have the authority to impose a solution or demand enforcement of any issues agreed upon by the parties. Mediators are there to facilitate an agreement, not to impose any final decision. During the session, each party is allowed to communicate privately with his or her attorney. Mediation can be limited to one day, or it can last for several sessions.

The session will likely begin with an introduction to the process by the mediator. After introductions, the mediator will help determine what issues need to be resolved and organize them according to priority. Then, each party and his or her attorney will go into separate rooms and the mediator will split time between the parties as is needed to negotiate terms and agreements.

What are the Benefits?

Mediation can have a substantial cost savings and the proceedings are confidential, unless stated otherwise. The mediation process also allows the parties more autonomy over the outcome of their case than they would otherwise have if the case were to proceed to trial. For example, if each party comes to an agreement over their contested issues, such as alimony or child custody, then those issues can be codified into an agreement between the parties. If the case is not resolved in mediation, then the determination of the ultimate issues would be in the hands of a judge or jury.

Outside of the possibly expedited cost and time savings, mediation can also serve to help the parties communicate in the future. By coming to an agreement, and compromising on contested issues, the parties’ future relationship will benefit. This is especially important if there will be a continuing relationship between the parties.

What Happens If Both Parties Agree or Disagree?

If both parties disagree, the mediator will report this disagreement to the judge. This report may contain outstanding issues between the parties, so long as the parties consent to that disclosure.

If both parties come to an agreement on the contested issues, then the mediator will prepare a written settlement agreement to be signed by both parties. This agreement will then be presented to the judge on the case so that a final judgment, the final divorce order, will mirror the terms stated in the settlement agreement.

Contact a Tampa Attorney

It is important to prepare thoroughly for mediation. This should include a meeting with your attorney to discuss what to expect and evaluate the strengths and weaknesses of the case. For answers to your questions about resolving your divorce or other family law issues in mediation, contact the Tampa family and divorce 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+

Divorce Does Not Have to be Difficult

Earlier this year, a “selfie” of a smiling Florida couple’s photo went viral after it was posted on Instagram. At first glance, the photo seems rather ordinary, though its popularity likely came from the caption, which explained that the couple’s divorce had just been finalized. You would generally not expect two people whose marriage was just dissolved to be posing together with excited looks on their faces. However, Keith Hinson–the former husband in the photo–explained that theirs was the “most friendly, respectful, and loving split imaginable.”

This photo demonstrated that divorce does not have to be a painful battle and that it is possible for two people to dissolve their marriage in relative peace. This kind of amicable split is rare, however, often because of the number of issues that need to be settled before a court will grant a divorce. Such issues commonly include debt and property division, alimony, child support, child time-sharing, parenting plans, and more. Too often, by the time one spouse files for divorce, there is substantial discord between the couple. This can cause bitter disagreements over many issues, which can lead to lengthy and acrimonious battles in court.

How an Attorney Can Help Keep the Peace

If you wish to have a peaceful and respectful divorce, the assistance of an experienced divorce lawyer is imperative. An attorney can help you explore numerous options that can assist you in solving problems and settling issues outside of a courtroom. These can include:

• Negotiation;
• Mediation;
• Collaborative divorce; and
• Simplified dissolution of marriage.

Often, such solutions can involve a team of professionals, including attorneys for each spouse, financial advisors, business advisors if applicable, psychologists, child specialists, and more. An experienced lawyer will have access to these and other resources that can assist in coming to a peaceful and swift resolution. If successful, such dispute resolution options can not only save you peace of mind but may also be significantly more efficient in both time and money.

Having a Tampa divorce attorney who understands your goals is extremely important. Too many lawyers head straight to the courtroom without considering alternative dispute resolution (ADR) options. For this reason, you should always question a potential attorney about their philosophies and approaches to divorce and ADR. If you are capable of resolving your divorce issues in a civil and efficient manner, everyone–you, your former spouse, and your children–will surely benefit. Preserving a friendly relationship will also help you co-parent in the future.

Contact an Experienced Tampa Divorce Attorney Today

While divorce can be a difficult process, the assistance of an attorney can make it much easier. A family law attorney will understand the issues that you are going through and has an ethical duty to represent your best interests in all matters related to your divorce. The Tampa lawyers of All Family Law Group are dedicated to helping people with a variety of legal issues resolve them as favorably as possible while keeping legal costs low. Anyone seeking a divorce or need help with any other family law issue should  not hesitate to call All Family Law Group in Tampa Bay at 813-756-4857 for a consultation at no charge.

By Lynette Silon-Laguna Google+