My boss likes the Harvard Law School Program on Negotiation. I do too.
Today there was a note on the daily blog about Integrative Negotiations: Dispute Resolution Through Joint Fact-Finding. https://www.pon.harvard.edu/daily/conflict-resolution/dispute-resolution-through-joint-fact-finding/?utm_source=WhatCountsEmail&utm_medium=daily&utm_date=2019-07-30-13-30-00&mqsc=E4074015
Wow.
That is a Harvard Law way to say, Collaborative Neutrals! Love Collaborative Law!
Make decisions for yourself rather than making the Judge decide.
Showing posts with label control. Show all posts
Showing posts with label control. Show all posts
Tuesday, July 30, 2019
Tuesday, December 5, 2017
How do you Work Out Terms in a Collaborative Divorce
Working Out the Terms of your Spousal Support Agreement in a Collaborative
Divorce
I n a collaborative divorce, the divorcing couple works together to make
their own determinations about their divorce settlement, rather than having the
court make them. Alimony is often an issue discussed during collaborative
divorces alongside parenting time and the division of the couple’s marital
assets.
Spousal support, also known as alimony, is an issue that arises in
many Florida divorces. It is the money one partner pays to the other after
their divorce, generally for a fixed period of time but sometimes, until the
receiving spouse remarries or either partner dies. This money is intended to
help the spouse who opted out of the full-time workforce to care for the
couple’s home and children during the marriage to avoid financial hardship.
In Florida, you Can Waive your Right to Seek
Spousal Support
Florida law permits individuals to waive their right to seek alimony in the
event of their divorces in prenuptial agreements. This is not the case in all
states.
Just like a collaborative divorce, a prenuptial agreement requires a couple
to be flexible and willing to work together to make determinations that benefit
them both, even in unpleasant situations like divorce.
Waiving Spousal Support in Exchange for a Larger
Share of Marital Assets
When you divorce through collaboration, rather than litigation, you and
your spouse work together to reach a divorce agreement that best fits your
needs. In any divorce, dividing your marital assets is a component of the final
settlement and often, it is the largest component of the settlement. Talk about
potentially opting out of alimony in exchange for a more favorable share of
your marital assets with your spouse, but also with your lawyer privately –
there could be issues you do not initially recognize, like large tax burdens
associated with certain marital assets or the long-term impact of choosing not
to create an alimony order.
Collaborative Divorce is All About Keeping
Control of your Divorce
Couples who choose collaborative divorce are often more satisfied with the
results of their divorces than couples who divorce through litigation.
If you took on lower-paying jobs or opted out of the workforce completely
during your marriage, alimony is a way to protect your financial future. Do not
confuse the need to be amicable in a collaborative divorce with a need to agree
with everything your spouse suggests. If you feel alimony is in your best
interest, explain this and support your position with relevant facts during
your collaborative divorce meetings. Your lawyer is your advocate, but you also
need to advocate for yourself.
Work with an Experienced Winter Park Divorce
Lawyer
When you are considering divorce, you have a lot on your mind. Before you
begin the collaborative divorce process, discuss these issues with your divorce lawyer so you begin the process educated about
Florida’s divorce laws and what you can expect given your case’s unique
circumstances. Contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C.
today to schedule your initial consultation with us.
Wednesday, August 10, 2011
Collaborative Law in Orlando and Winter Park
July 15 and 16, I attended the Interdisciplinary Collaborative Law Training at the University of Florida Levin College of Law. While I relish any opportunity to return to law school, this trip was particularly helpful. Co-Sponsored by the Institute for Dispute Resolution and the Center on Children and Families, the Gainesville Collaborative Divorce team spent two full days reviewing the Who, what, when and where, as well as the hows and whys of Collaborative Divorce.
For almost 12 years as an attorney, I have always tried to work in a cooperative way with other lawyers. I find little is solved by acrimonious debate as harsh litigation tends to prolong litigation and impoverish the parties more than solve the issue at hand. While I have always tried to be cooperative, I have never been "officially" trained as a "Collaborative Attorney."
Not anymore. There are new tools in the shed. There are many more choices when considering divorce. Ask yourself, what is best for my family?
In law school at the University of Florida, Dean Richard Matasar stressed the collaborative process as a way to make the practice of law more fulfilling to attorneys. Many of us got into this practice because we want to help people; unfortunately, for many people, divorce is the most disagreeable practice in law. Dean Matasar taught many of his students that you don't have to be disagreeable when your opinion differs from the other side of the courtroom. Following his example, I have always tried to work with opposing counsel in a cooperative manner. Since completing the training program this summer, I am now officially trained in Collaborative Law practice.
I look forward to offering this new service in Collaborative Law in Divorce cases, as well as Guardianship cases. The Collaborative Process allows the parties to work out their issues with a trained professional, usually a Mental Health Counselor, a financial professional trained in divorce accounting and valuation, a mediator if necessary and two collaboratively trained attorneys, rather than litigating and leaving ultimate decisions to the Judge.
While the above listing of professionals involved may sound expensive at first blush, most participants in a collaborative divorce will agree that the process itself is more healing and conducive to protecting the parent to parent relationships necessary when children are involved. Also, in a litigated divorce, most professionals (Valuation, Accounting and Mental Health) will be duplicated as each side employs their own "hired guns" to best present their case. The Experts hired by each side will inevitably argue and reinforce their own opinions rather than working with all parties to facilitate a mutually beneficial result.
Collaborative Law may not be for everyone, but for many families with children, the process allows the parents to work out the best interests for their children rather than leaving it all up to the judge.
If you have questions, call me at 407-645-3297, or send an email to: aubrey@aubreylaw.com
I look forward to hearing from you.
For almost 12 years as an attorney, I have always tried to work in a cooperative way with other lawyers. I find little is solved by acrimonious debate as harsh litigation tends to prolong litigation and impoverish the parties more than solve the issue at hand. While I have always tried to be cooperative, I have never been "officially" trained as a "Collaborative Attorney."
Not anymore. There are new tools in the shed. There are many more choices when considering divorce. Ask yourself, what is best for my family?
In law school at the University of Florida, Dean Richard Matasar stressed the collaborative process as a way to make the practice of law more fulfilling to attorneys. Many of us got into this practice because we want to help people; unfortunately, for many people, divorce is the most disagreeable practice in law. Dean Matasar taught many of his students that you don't have to be disagreeable when your opinion differs from the other side of the courtroom. Following his example, I have always tried to work with opposing counsel in a cooperative manner. Since completing the training program this summer, I am now officially trained in Collaborative Law practice.
I look forward to offering this new service in Collaborative Law in Divorce cases, as well as Guardianship cases. The Collaborative Process allows the parties to work out their issues with a trained professional, usually a Mental Health Counselor, a financial professional trained in divorce accounting and valuation, a mediator if necessary and two collaboratively trained attorneys, rather than litigating and leaving ultimate decisions to the Judge.
While the above listing of professionals involved may sound expensive at first blush, most participants in a collaborative divorce will agree that the process itself is more healing and conducive to protecting the parent to parent relationships necessary when children are involved. Also, in a litigated divorce, most professionals (Valuation, Accounting and Mental Health) will be duplicated as each side employs their own "hired guns" to best present their case. The Experts hired by each side will inevitably argue and reinforce their own opinions rather than working with all parties to facilitate a mutually beneficial result.
Collaborative Law may not be for everyone, but for many families with children, the process allows the parents to work out the best interests for their children rather than leaving it all up to the judge.
If you have questions, call me at 407-645-3297, or send an email to: aubrey@aubreylaw.com
I look forward to hearing from you.
Wednesday, April 27, 2011
Welcome Back
Recently someone said, "Aubrey Ducker, why haven't you updated your blog in a while?"
She continued, "I was looking forward to your answer to a Family Law Question! What happens when a child decides she wants to go live with her father? I have been taking care of her for the past 8 years, without any help! Now that she is 12, her father is encouraging her to stay at his house more and more. He gives her everything she wants and I'm the one who has to make her do homework, study for tests, clean her room, etc. . . "
You can see where that is going! If only children would remain under our control and direction! Unfortunately, they decide right or wrong that they want to decide what is "best for them" rather than listening to some old people who didn't even have facebook when they were young. Have you been through this? I have! With my own children and with many, many clients!
It is never fun to lose control!
Then there are the Elder Law questions: How can I make sure my children don't argue about who gets what? That question is so much better than the corallary promise, "My children won't argue about it. They would never go to court to challenge ___________________as the Personal Representative."
Funny how many times I hear that and how many times I see adult children wanting nothing more than to "tell it to the Judge" regarding the actions of their sibling as Power of Attorney or Personal Representative.
Talk about losing control.
You may have read in the papers, (do you actually read the Newspaper anymore?) the Florida Legislature is trying to balance the budget by cutting into court funding. Removing funding for the Guardian Ad Litem program and other "services" that to legislators seem "unnecessary" is no way to protect the bottom line in Florida. The services being cut may save a few dollars this year, but in the years to come, those savings will be offset by enormous costs associated with unmet needs in disfunctional families. The results may be increased incidence of domestic violence, child abuse, neglect or more violent crimes.
Please encourage your representatives to look to fair funding principles. When corporations like GE have NET profits in the range of $14.7 Billion, and pay less than 1 million in taxes, something in the tax structure is way out of whack. Cutting spending to make the budget work, while corporations pay next to nothing in taxes harms all citizens, especially the most vulnerable. Maybe I should write more often so I could break this up into several Blog posts. I'll try that next time.
Peace.
She continued, "I was looking forward to your answer to a Family Law Question! What happens when a child decides she wants to go live with her father? I have been taking care of her for the past 8 years, without any help! Now that she is 12, her father is encouraging her to stay at his house more and more. He gives her everything she wants and I'm the one who has to make her do homework, study for tests, clean her room, etc. . . "
You can see where that is going! If only children would remain under our control and direction! Unfortunately, they decide right or wrong that they want to decide what is "best for them" rather than listening to some old people who didn't even have facebook when they were young. Have you been through this? I have! With my own children and with many, many clients!
It is never fun to lose control!
Then there are the Elder Law questions: How can I make sure my children don't argue about who gets what? That question is so much better than the corallary promise, "My children won't argue about it. They would never go to court to challenge ___________________as the Personal Representative."
Funny how many times I hear that and how many times I see adult children wanting nothing more than to "tell it to the Judge" regarding the actions of their sibling as Power of Attorney or Personal Representative.
Talk about losing control.
You may have read in the papers, (do you actually read the Newspaper anymore?) the Florida Legislature is trying to balance the budget by cutting into court funding. Removing funding for the Guardian Ad Litem program and other "services" that to legislators seem "unnecessary" is no way to protect the bottom line in Florida. The services being cut may save a few dollars this year, but in the years to come, those savings will be offset by enormous costs associated with unmet needs in disfunctional families. The results may be increased incidence of domestic violence, child abuse, neglect or more violent crimes.
Please encourage your representatives to look to fair funding principles. When corporations like GE have NET profits in the range of $14.7 Billion, and pay less than 1 million in taxes, something in the tax structure is way out of whack. Cutting spending to make the budget work, while corporations pay next to nothing in taxes harms all citizens, especially the most vulnerable. Maybe I should write more often so I could break this up into several Blog posts. I'll try that next time.
Peace.
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No matter how dark the night!