A Better Way to Solve Problems During Divorce
Divorce does not have to be driven by court rules and courtroom conflict. Through Collaborative Divorce, you can focus on problem solving, creativity, and private decision making that reflects your family’s real needs and reduces future disputes.
Why Problem Solving Should Come First
There are a wide range of issues in a Divorce, from finances and parenting to long term planning. In traditional litigation, attorneys tend to focus on a narrow set of legal questions such as asset division, income, support, and time sharing. While those topics matter, they do not always address what you and your children truly need.
Problem solving in divorce means stepping back and asking better questions. What matters most to you? What do your children need now and later? What outcomes will work for your family long term, not just on paper?
How Collaborative Divorce Changes the Focus
Collaborative Divorce shifts attention away from arguments and toward resolution. Instead of filing motions and scheduling hearings, you meet privately with a professional divorce team whose goal is to help you and your spouse reach agreements together.
In this process, you are encouraged to be creative. You can identify both individual and shared needs and agree to solutions that would never be ordered by a judge. The law still matters and court outcomes are discussed, but they are not the deciding factor. You remain in control of the final decisions.
Creative Solutions That Courts Cannot Offer
Courts are limited by statutes and prior rulings. Collaborative Divorce is not. If you and your spouse want to address an issue that a judge would not have authority to decide, you can. If you want to structure agreements in a way that better supports your children or finances, you have that option.
This freedom leads to stronger and more creative agreements because the solutions come from you, not from a stranger who does not know your family.
Reducing Conflict After Divorce
One of the biggest challenges in family law is post-judgment disputes. These disagreements are common in traditional divorce cases and can last for years. In Collaborative Divorce, they are far less frequent.
Many collaborative agreements include a plan for resolving future issues privately. Parenting concerns may be handled first with a facilitator, without attorneys present. This is the least expensive way to address such an issue. If the issue cannot be resolved with the facilitator, then the whole team will be brought back together to help resolve the issue without going to court or anything being filed in court. At the end of the process, the judge can enter an order approving the agreement without the agreement being part of the public record.
Keeping Decisions Private and Personal
Even when discussions are difficult, working privately allows you to stay focused on outcomes instead of threats. You are educated about your options, supported through negotiations, and empowered to decide what works best for your family. Court should be a last resort, not the default.
In traditional litigation, attorneys file motions, make demands, and schedule hearings, which can create a cycle of pressure, threats and spending money unnecessarily. That dynamic is largely absent in Collaborative Divorce, where the focus stays on respectful discussion and problem solving rather than positioning for court.
Contact the Law Offices of Robert J. Merlin
If you are facing divorce or considering your options, it helps to work with an attorney who understands both the legal process and the importance of problem solving. The Law Offices of Robert J. Merlin focus on guiding you through thoughtful discussions so you can make informed decisions about your future. To schedule a consultation, contact Robert J. Merlin at (305) 448-1555.
The Law Offices of Robert J. Merlin, P.A. are located at 250 Catalonia Avenue, Suite 706, Coral Gables, Florida 33134
Frequently Asked Questions
Is Collaborative Divorce legally binding?
Yes. Once agreements are finalized and approved, they carry the same legal weight as court ordered outcomes.
Do you still discuss what might happen in court?
Yes. Possible court outcomes are considered, but they do not control the decisions you and your spouse make together.
Does Collaborative Divorce help reduce future disputes?
In many cases, yes. Because you have tailored the agreement to your needs, conflicts after divorce happen far less frequently in collaborative divorces.
Bob Merlin is a Florida Bar Board Certified Family Law Specialist, he practices in the areas of divorce, time-sharing of children and parenting plans, child support, alimony, paternity, pre-nuptial and post-nuptial agreements, and cohabitation/partnership agreements.
As an experienced Collaborative attorney, Bob continually hones his skills in the Collaborative Process and trains other professionals how to become a Collaborative professional as he is.
“My goal is to help divorcing and other family law clients make well-informed decisions so they experience a more efficient process and feel more in control over their futures.”
