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THE COLLABORATIVE DIVORCE PROCESS

The Collaborative Divorce process is a way to address the issues arising out of a divorce proceeding without the traditional litigation model.  The Collaborative Process uses a team approach to help the parties reach a settlement agreement without the need to go to court.  The team consists of each party’s attorneys, a neutral financial advisor, and a mental health provider if needed.

In the traditional divorce litigation, much time is spent in financial discovery trying to determine the parties’ finances.  Working with a neutral financial advisor, as a team, helps the parties reach a prompt settlement agreement.

Likewise, when there are significant custody disputes, working with a neutral mental health provider as a team helps the parties reach a settlement agreement that is in their children’s best interest.

 

The Collaborative divorce process is voluntary and both parties must enter into a participation agreement agreeing to participate in settlement discussions with the help of the neutral third parties.

In the event that the parties are unable to reach a settlement agreement, the collaborative divorce counsel will withdraw from the case allowing the parties to retain counsel to proceed with the litigation.

In summary, the Collaborative Divorce Process will reduce the hard feelings between the parties, which will help reduce the process time and will help reduce the attorney’s fees and costs.

For further information contact our office for a free initial consultation.

Just closed a 4 year long divorce including two trials and two appeals. After a three day trial, the trial court awarded my client, the Wife, an unequal distribution of the marital estate in the form of the Husband’s share of the marital home. The trial court also made a finding that her use of the Husbands 401 K funds was not a dissipation of assets. On appeal the appeals court affirmed. Not happy with the result, the Husband filed essentially the same claim for dissipation of assets in civil court alleging breach of fiduciary duty. After a hearing, the Civil Court dismissed his claim under principles of res judicata. Again the Husband appealed the dismissal. Today we received the Mandate affirming the civil court.

During the last twenty-three, Maria Teresa Sallato, has dedicated her practice to complex family law cases and international child abductions cases under the Hague Convention.

Of particular importance to her practice is her ability to negotiate a settlement in order to minimize litigation costs as an experienced Florida Supreme Court certified family mediator.

 

Did you know that under The Hague Convention related to International Child Abduction a child may not have to be returned to the country of origin even if the parent wrongfully removed the child after explicit orders from the Court not to remove the child? Under Article 13 of the Convention, a child removed from his country, in violation of court orders not to so, may not be ordered returned to his country of habitual residence, if there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The exception requires proof of significant abuse to the child or to the parent by the other parents This exception applies to all signatory countries, such as England, Australia, and Ecuador, to name a few. For more information call Maria T. Sallato, Esq. at: Sallato & Associates. P.A. 9990 SW 77th Avenue, Penthouse 12 Miami, Florida 33156 (305) 598-9600 maria@mariatsallato.com