Serving Coral Gables, Miami-Dade County, and Beyond
We specialize in divorce and family law at the Hache Law Firm. By focusing on this type of representation, we can provide the highest level of quality, efficiency, and affordability. As a result of our in-depth knowledge and holistic approach, we can provide you with the effective representation you need to navigate your family court case successfully.
We strive to find solutions that satisfy the needs of both parties and the family rather than sticking to rigid legal postures on each side. The right to argue or take a position does not mean the position serves the family. Compared to litigation, which is position-oriented, collaborative divorce takes a higher view, addressing the overall needs of the family unit. Unlike in a formal courtroom setting, it allows for more creative solutions that may not be available to a judge.
When you seek a divorce, modify a court order, relocate, or adopt a child, we recognize that your circumstances are unique.
The Hache Law Firm understands the challenges you face are individual, and formulaic representation cannot always adequately address them. For this reason, our firm provides personalized attention, diligent case preparation, and creative strategies to help you resolve your concern quickly and favorably.
What is the best way to accomplish a collaborative divorce when tensions are high and people are prone to using their natural flight or fight instincts?
At the beginning of the process, our firm will discuss the goals and expectations of both parties. This overarching goal is important to remember when things get tough, and people become agitated. Goals should be based on interests rather than positions: e.g., “We desire a parenting arrangement that keeps both parents very involved,” in contrast to “I must have 50/50 parenting time.”
Both parties must commit to being their best selves at the beginning of a collaborative divorce. As long as you and your spouse are truly committed to minimizing conflict and working through difficult situations in a way that avoids harming the family, it is important that you can each return to the attributes that make you your best self. In your best moments, how do you behave? When you are fully engaged, what attributes do you display?
For both adults and children, a collaborative divorce takes time to focus on the interpersonal relationship between separating couples.
It is equally important that both parties choose attorneys with collaborative experience and training.
A collaborative divorce involves:
- Building trust within a team setting.
- Using legal skills to develop creative solutions.
- Protecting the client.
Litigation involves legal processes and procedures. It is more important to reach agreements that are in the family’s best interest than to get as much as possible. Attorneys who do not understand the collaborative model may unnecessarily escalate conflict and harm parties.
During your meeting with an attorney, consider their driving philosophy to determine if they will draw blood or work collaboratively to achieve your goals.
Collaborative divorce is not suitable for every case.
Although settlement is extremely likely in a collaborative setting (the judge will settle the case one way or another, so why shouldn’t you?), some parties cannot be their best selves. A collaborative divorce is inappropriate if domestic violence, revenge, or hidden assets are involved, for example.
In a collaborative setting, however, even very difficult conflicts can be resolved. For an attorney to truly assess whether a collaborative divorce is an option for you, be truthful about the facts of your marriage.
Divorce is a difficult and scary process. Although collaborative divorce does not alter this fact, it provides a framework and the resources to ensure the healthiest and most holistic outcome.
Consider collaborative divorce if your family is contemplating divorce.
- Stage I: Preliminary Case Assessment and Pre-Suit Negotiation
- This initial consultation determines what remedies are available.
- Stage II: Pleadings, Initial Filing, and Preliminary Discovery
- To schedule your case for mediation, you must first prepare the initial pleading and all other documents necessary to file an action in family court.
- Stage III: Mediation
- Before a family law matter can proceed to trial, all parties must attend mediation.
- Stage IV: Depositions and Supplementary Discovery for Trial
- Following mediation, additional discovery may include taking depositions, issuing written discovery requests, and requesting documents from non-parties.
- Stage V: Pre-Trial Preparation and Settlement Negotiations
- Developing a trial strategy, evaluating expert opinions, and planning what witnesses and exhibits will be used at trial are all critical steps before trial.
- Stage VI: Trial
- A trial ensues when parties cannot settle matters outside of Court. A trial requires a thorough review of the evidence, finalizing the most reasonable strategy, preparing the witnesses, compiling exhibits, and attending the trial.
In the event of a contentious divorce, separation, or any other family law matter, you are not alone. Help is available if you wish to find a positive solution for all parties.
Contact the Hache Law Firm today for a holistic, child-centered approach to your family law case.