Even when you and your spouse agree on most of the terms of your divorce, the process of ending a marriage is typically stressful. At the O’Mara Law Group, you will find an Orlando collaborative divorce lawyer who can help you negotiate specific terms as you dissolve your marriage and settle questions on the division of property, child or spousal support, and more.
How Does Collaborative Divorce Work?
When you and your spouse are on the same page and able to work together to dissolve the marriage as equitably as possible, the collaborative divorce process allows you to work out the details. Collaborative divorce aims to take the conflict out of the divorce process by allowing you to establish the essential terms of your divorce without court involvement. You can negotiate an agreement rather than engage in a lengthy, more costly court battle.
O’Mara Law Group in Orlando
At the O’Mara Law Group, our attorneys can assist you with the negotiation process, from offering information about Florida’s laws regarding divorce and child support to providing legal guidance about how best to divide marital property or address marital debt. If you need an Orlando collaborative divorce lawyer who can help good people through challenging situations, contact us to speak with us about your situation.
Experienced Orlando Collaborative Divorce Lawyers
At the O’Mara Law Group, you will find experienced attorneys who can help guide you through a collaborative divorce and provide insight into your rights and responsibilities. Each Orlando divorce lawyer on our team understands the frustration and stress that can go into the divorce process and offers comprehensive support to each client.
Mark O’Mara has been Board Certified in Marital and Family Law and is a voice for justice in the Central Florida legal community since 1982. He has extensive experience with family law issues, including presenting for the Family Law Section of the Florida Bar and the Florida Family Law Practice for Paralegals Program. He is Martindale-Hubbell AV Preeminent rated.
Mark Rabinowitz has been Board Certified in Marital and Family Law in Florida since 1999. He has served on the Marital and Family Law Certification Committee of The Florida Bar and as a Family Law Rules Committee member. When you connect with our team, you can feel confident that your divorce is in capable hands.
Legal Process for Collaborative Divorce in Florida
A collaborative divorce requires a participation agreement stating that both spouses intend to pursue the divorce through negotiation rather than a prolonged court battle.
Initially, both sides must hire a collaborative divorce lawyer in Florida. An attorney will represent your best interests even if you and your spouse intend to work together for a fair divorce process. You’ll discuss what you want out of the divorce with your attorney, including how you want to handle any financial issues that may crop up or what type of child custody is best for your situation.
Below are the main steps for the collaborative divorce process after hiring a lawyer.
Meet Together
The legal process for collaborative divorce in Florida begins with an initial meeting between you, your spouse, and your lawyers. You’ll sign a participation agreement during the meeting stating you intend to embark on a collaborative divorce. It may lay out specific requirements, including the following:
- The documents and evidence you must provide
- Major decisions you need to make, including property distribution, child custody, or distribution of debt
- Penalties for going through the court system to dissolve your marriage if the collaborative process fails—for example, you may each have to get a new attorney
- Rules of conduct, including a commitment to treating each other civilly
Gather Information
You need to provide your attorney and your spouse with any information necessary for the divorce process, including the following:
- Tax returns
- Financial assets
- Debts
- Employment
- Salary records
- Any children who are minors
Negotiations in Collaborative Divorce in Orlando
The negotiation process allows you and your spouse, with the help of your lawyers, to determine how you want to divide your assets and handle any issues, including child support, child custody, and alimony. If you have children, you may work with a child specialist to better understand how to best support your child’s rights and interests during the divorce process.
Any time you and your spouse cannot come to an agreement on your own or with the help of your attorneys, you can try third-party mediation, in which a mediator comes in and helps you explore alternative solutions.
Advice from Experts
In addition to the spouses and their lawyers, specific experts may participate in the collaborative divorce process. Financial experts, mental health providers, and other professionals can be called on to provide critical information.
Vocational experts may provide insight into whether a spouse can easily reenter the workforce after a divorce. Additionally, a child development expert may advise on custody issues. While such experts are often consulted during litigation, they can also be relied upon in the collaborative process.
Sign a Settlement
Once you have reached an agreement, you and your spouse will sign a divorce settlement laying out the terms you’ve agreed upon. Your divorce settlement is an enforceable contract governing the steps both parties must take, including separating assets and providing for the needs of minor children.
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Cooperative Divorce in Florida
In Florida, cooperative divorce is an option for spouses who agree on the need to dissolve their marriage but wish to avoid the more structured nature of collaborative divorce or the adversarial nature of traditional divorce litigation. Like collaborative divorce, cooperative divorce allows couples to resolve marital issues amicably without taking the case to court for a decision.
However, it provides a bit more flexibility than collaborative divorce, allowing spouses and their attorneys to engage in discussions and negotiations without the strict structure of a formal collaborative process. Such flexibility can make it an appealing choice for couples who agree on most terms but want the flexibility to work with an attorney to negotiate remaining issues as they arise.
Collaborative Divorce vs. Cooperative Divorce—the Difference
Unlike collaborative divorce, cooperative divorce does not necessarily require both parties to agree upfront not to go to court. This approach can be helpful if there’s still some uncertainty about potential areas of dispute, as it leaves room for more traditional legal intervention if needed. Cooperative divorce can save considerable time and money, avoiding much of the prolonged litigation process. Couples can generally resolve matters related to property division, child custody, and support without the expense and stress of going to trial.
Benefits of a Collaborative Divorce
Going through a collaborative divorce can offer multiple benefits to both parties.
Saves Time and Money
Going through the divorce process in court can be costly. Also, going to court can drag out the process much longer than necessary. A collaborative divorce is often much faster and less expensive, especially if you and your spouse reach an agreement relatively quickly.
Greater Privacy
A collaborative divorce and its terms can stay between you and your spouse. The terms remain private and confidential and do not become part of the public record. You do not have to worry about friends and relatives tracking every step in the divorce process.
Peaceful Resolution
A collaborative divorce is often far less contentious than a divorce that has to go to court. Court proceedings can pit you and your former spouse against one another, making it feel like you must “win” instead of working toward a resolution that fits everyone’s needs. A collaborative divorce, on the other hand, puts you on the same side and can improve your ability to come to a fair resolution.
Less Stress for Children
As collaborative divorce is less contentious, it can be easier on your children. Child specialists can be called upon to assist in the process. Child specialists can assist children to understand the divorce and provide guidance on creating a healthier family environment in the future.
What Our Clients Say
Compassionate Assistance
The Mark O’Mara Law Firm was a wonderful place and outstanding. Mark was very helpful and always made time for me, answering all my questions. But my hero was Susan Staggs, who prepared all of my paperwork. She is a real magician who takes it seriously.
Exceptional Service
Mark O'Mara and his office provided excellent service, demonstrating professionalism and personal attention to all my details of my cases. He is one of the best in his field as a criminal and family attorney. He is honest, direct, and he always does his best for his client.
Support in Family Law
Mr. O’Mara and his entire staff, especially Alyssa, were absolutely impressive with everything. Very efficient and punctual; their understanding of every little detail was way beyond expectations. Honestly, this law group has made a major difference in my life.
Expert Guidance in Family Law
I can't thank Mr. Thompson and his team enough for their outstanding support. From the very first meeting, Sarah was incredibly knowledgeable and attentive. They handled every aspect of my case with such professionalism and care. This legal team truly changed my life.
Dedicated to Fighting Your Cause
Knowing Mark O’Mara as an attorney who has represented me for the past 23 years and has also been a friend… I can say that Mark is not only dedicated to fighting your cause, but his team shares that same dedication. When you call his office the girls at the front desk always strive to assist you. As for the rest of his team they are committed to winning the best...
Nothing Short of Amazing
Mr O’Mara and the entire staff were nothing short of amazing. Mr. O’Mara knew exactly what we needed to do and has even offered additional advice for any future risks. This was all new for me and they walked me through everything step by step and were very patient and most of all responsive and caring. THANK YOU!!!
They Are Top Notch!!!!
I cannot express the gratitude I have for Mark O’Mara, Susan and their firm. I had a very difficult custody situation and they guided me towards the best decisions and fought for me. I highly recommend O’Mara Law Group. They are top notch!!!!
Such a Professional and Personable Firm.
Such a professional and personable firm. Everyone treated me with respect throughout my entire process. I absolutely dread ever needing the services of an attorney again but I would certainly go straight back to Mark. Susan was awesome and she totally got me from day one. I can’t begin to say how helpful that was for me. Thank you to the entire team!!
I Am Truly Proud
By far, the best person, if you ever need an attorney and someone who will always be there for you. I am truly proud to have Mark as my attorney, advisor and friend. Thanks Mark and Alyssa. Michael Hoffman, Attorney at Law and C.P.A.
Way Beyond Expectations
Mr. O’Mara and his entire staff especially Alyssa were absolutely impressive with everything. Very efficient and punctual and the overall understanding of every little detail was way beyond expectations. Honestly this law group has made a major difference in my life and helped me through many obstacles associated with owning multiple businesses and continue to do so in...
They Were Ready to Fight the Fight
When I went in for my consultation with Mark and Caitlin, I was in a state of total devastation. They lifted the burden and took away the stress of my situation by making me feel completely taken care of. They were ready to fight the fight I didn’t have the emotional strength to do so on my own. I have and will continue to recommend their law group to anyone needing le...
Mark Omara was GREAT
Mark has represented me and I hate to say 2 family members of mine, all 3 times mark has delivered success. He has to be the best lawyer I have ever dealt with, he is caring of the situation and of your fears in facing legal matters , he made us feel comfortable , safe and protected. Surprisingly he never made me feel down on myself for stupid things I created that lead to h...
Do I Need a Collaborative Divorce Attorney?
If you intend to move forward with a collaborative divorce, a collaborative divorce attorney can support you in several ways:
- You can navigate the legal process more confidently. A collaborative divorce lawyer in Florida understands the ins and outs of the divorce process and ensures you have all paperwork filed correctly.
- Your lawyer will look out for your best interests. Even in a collaborative divorce, you must ensure you get what you deserve, including fair child support and a reasonable custody arrangement.
- We help you understand the laws governing divorce in Florida. This ensures you understand every step you must take and your duties under state law.
- We have professional resources to aid in the collaborative divorce process. A lawyer will have a network of qualified and reputable professionals for you to consult during the process.
Trust O’Mara Law Group for Compassionate and Experienced Orlando Collaborative Divorce Lawyers
A collaborative divorce attorney can help streamline the process, finalize legal concerns, and ensure your rights are considered and protected. Schedule a consultation with the experienced collaborative divorce lawyers at the O’Mara Law Group today to discuss your next steps.