Seniors considering a divorce will have plenty of decisions to make. Sometimes having to depend on a Florida Judge to settle your divorce can complicate your outcome. That’s why many couples find it worth it to try to make a collaborative divorce work.
It’s an option that allows you to sit down with your partner and decide how assets will be divided and how the family dynamic will work without having to enter a courtroom. A skilled Tampa Senior Citizen Divorce Lawyer can also be part of this process, to make sure you remain protected and receive what’s fair in a collaborative divorce.
Schedule a Consultation with a Tampa Senior Citizen Divorce Lawyer
If you are considering divorce as a senior citizen, an initial case evaluation with the team at Robert Sparks Attorneys provides you with vital information about the process ahead. Contact us to schedule a confidential consultation as soon as possible.
We can review the steps as they apply to your situation as a Tampa area resident. This no-obligation consultation ensures you are aware of your rights and thoroughly understand the divorce process with or without the courts getting involved.
Our experienced Tampa senior divorce attorneys utilize extensive knowledge of Florida divorce law to ensure our clients in their 50s, 60s, 70s, and beyond receive fair treatment and protect their retirement years. We fight to secure a positive outcome for our clients during such a difficult period in their lives.
Collaborative Divorce for Florida Seniors
A collaborative divorce is settled through negotiation with your partner and sometimes through a mediator.
In a divorce involving couples in their golden years, partners will work out how assets will be divided, how retirement funds will be paid out, and if spousal support will be included.
Decisions about who gets to keep the family home will be made. Couples may decide to sell it. If an older couple still has children or dependents at home, decisions over their custody and care would be decided.
This option is usually chosen so that couples won’t have to take their case to court and trust their fates to the divorce court.
A Tampa Senior Divorce Lawyer can be an enormous help and safeguard, even when you are collaborating with a spouse, or using a mediator. Your lawyer helps you find terms that work for both you and your partner.
Even when both partners are trying to remain impartial and fair, sometimes one spouse gets better legal advice and a bigger share of marital property. A mediator can also unconsciously leave one partner with more than what they rightfully should be awarded.
Your lawyer spots these discrepancies and makes sure they are corrected. At Robert Sparks Attorneys, our goal is to make sure you have everything you need to restart your life once a divorce goes final. We don’t let anyone take advantage of your willingness to cooperate.
Benefits of Collaborative Divorce in Florida
Couples who have been together for a long time might find themselves in an adversarial divorce negotiation. But if you can work together in a collaborative divorce, your experience may be much more bearable. Divorce doesn’t have to be a long and unnecessarily painful process.
Senior couples will find that collaborative divorce has many benefits:
- Confidentiality – Collaborative divorce takes place in a private setting, rather than in a courtroom. Financial information and familial dynamics won’t be on public display.
- Tailored to You – Unlike the rigidity of traditional courtroom divorce, the collaborative option allows both parties to work together to find a solution that fits the unique situation.
- Flexible Schedule – Collaborative divorce operates on your schedule, not the court’s schedule.
- Cost-Effective – Avoiding a court appearance means avoiding litigation costs, making collaborative divorce a cost-conscious option.
The one thing a collaborative divorce usually grants senior couples is more control. If partners can reach agreement, they will decide who will receive what from funds that have been saved up and retirement plans that have been contributed to over the years.
The Risks of a Non-Collaborative Divorce
Judges who settle divorce cases are charged with finding an equitable way to divide up assets, retirement funds, and property (like a family home). This is known as the concept of “equitable distribution.”
Equitable is supposed to mean fair, but that doesn’t mean a 50/50 split. A judge will consider many factors when deciding how to allocate assets obtained during the marriage.
Judges are only human and they can get these decisions wrong. These missteps can leave one partner without the resources they need to rebuild their lives back to a comfortable spot. They may find that the retirement money they are left with isn’t enough to allow someone to shape their retirement years as they would like.
One partner can end up losing too much of what they’ve earned. The balance can unfairly swing towards someone who has kept up a career through the marriage, or to someone who has stayed home to raise children and emotionally support the other spouse. A Tampa Senior Citizen Divorce Lawyer works to keep clients on a level playing field.
A divorce that’s settled in a Florida courtroom might involve several court hearings and perhaps even a formal trial. This will be time-consuming, and emotionally difficult for the spouses and all family members. It can end up costing much more than a collaborative divorce
Speak with an Experienced Tampa Senior Citizen Divorce Lawyer
Going through a divorce can be one of the most stressful events of your life. It’s especially difficult when a long-term marriage comes to an end. Above the emotional investment involved, couples can have additional assets and possessions that can be difficult to divide up to the satisfaction of both parties.
It’s important to know that you don’t have to face divorce alone. With decades of collective experience, our Tampa senior divorce lawyers at Robert Sparks Attorneys have the knowledge of Florida divorce law you’ll need to fight for the best possible outcome in your divorce.
Learn more about what we can do to help you by contacting us and scheduling a senior divorce consultation today. We protect those going through divorce in Tampa, St. Petersburg, Clearwater, Dade City, and the surrounding areas.
