Case Study: One Fictional Couple’s Journey Through Traditional and Collaborative Divorce

June 7, 2025September 12, 2023 by Paul Shafranski

married couple sitting apart on a couch and playing with their wedding rings

The world of family law can be a mysterious one to outsiders. Even if you have been through a divorce, your knowledge and experience is limited to your unique encounter with the family law system. However, once you’ve seen the process play out time and time again, you begin to see patterns and similarities. Below is a fictional example of how one couple, “John” and “Betty,” navigate the family law system through the traditional litigation method and the collaborative divorce method. While this is by no means a representation of how every divorce unfolds, either traditionally or collaboratively, it is emblematic of the key differences between the two methods and showcases how the collaborative method can de-escalate problems while traditional litigation can often make matters worse.

Events	Traditional Litigation Divorce	Collaborative Divorce
Initial Filing	John and Betty’s marriage had reached a breaking point, and they decided to end their relationship. However, they took separate paths in their divorce approach. John hired an aggressive attorney focused on winning the case, while Betty chose a lawyer who believed in a collaborative approach to conflict resolution. This difference in approach set the tone for the entire divorce process, leading to an adversarial environment from the start.	Despite their many differences, John and Betty recognized the importance of resolving their issues amicably, especially for the sake of their children. They jointly decided to pursue a collaborative divorce, where they committed to working together respectfully and openly, seeking solutions that benefit both of them. This joint decision fostered an atmosphere of cooperation and respect throughout the process.
Temporary Time-Sharing (Custody)	As John and Betty couldn’t agree on temporary time-sharing arrangements during the divorce process, the court had to step in to determine a schedule. This resulted in multiple court hearings, escalating tensions, and emotional strain on both parents and the children. The prolonged legal battle took a significant toll on the family, affecting the children’s well-being and causing financial stress due to increased legal fees.	Opting for a collaborative approach, John and Betty engaged in a series of meetings with their collaborative attorneys and a child specialist. These discussions allowed them to understand the children’s needs better and craft a temporary time-sharing arrangement that considered their schedules, preferences, and emotional needs. By avoiding court intervention, they reduced stress on the children and preserved their sense of stability during the divorce. This issue also resolved much faster than waiting on a court to have hearing availability and to issue a ruling.
Division of Assets	During the traditional litigation divorce, John and Betty’s lawyers engaged in aggressive negotiations over asset division. Each party aimed to secure the most favorable outcome, leading to bitterness and hostility. The lack of open communication and trust resulted in a prolonged discovery process, with both sides refusing to share critical financial information willingly.	In contrast, the collaborative divorce process embraced transparency. John and Betty, along with their joint financial specialist, shared their financial information openly and honestly. This allowed both parties to gain a comprehensive understanding of the family’s financial situation and work together to divide assets fairly.
Time-Sharing (Custody)	In the traditional litigation divorce, disagreements over time-sharing (custody) were at the center of the conflict. John and Betty viewed their children’s future living arrangements differently, leading to contentious court battles. The children, caught in the middle, suffered emotionally from the constant tension and uncertainty.	By choosing collaborative, John and Betty focused on the best interests of their children. They participated in joint sessions with a child specialist, who helped them understand the impact of divorce on their children’s lives. This deeper understanding allowed John and Betty to develop a comprehensive parenting plan that addressed the children’s emotional, academic, and social needs. The collaborative approach emphasized co-parenting, promoting a healthier and more stable environment for the children during and after the divorce.
Spousal Support	The contentious nature of the traditional litigation divorce extended to spousal support. John and Betty disagreed on the amount and duration of support, leading to mediation failures. As a result, the court had to intervene and impose a spousal support decision, leaving both parties dissatisfied with the outcome.	In the collaborative model, John and Betty engaged in a series of discussions facilitated by their attorneys and financial specialist. They openly discussed their financial circumstances, future financial goals, and individual needs. Through empathy and compromise, they reached a fair spousal support agreement that considered their respective abilities to support themselves post-divorce. The collaborative negotiations allowed both John and Betty to feel heard and respected, leading to a mutually agreeable arrangement.
Communication Issues	In the traditional litigation divorce, the lack of communication between John’s attorney and Betty’s attorney often led to misunderstandings. This communication breakdown resulted in unnecessary conflicts and fueled distrust between the parties. The attorneys became a barrier to communication, heightening emotions and preventing any meaningful resolution.	Recognizing the significance of effective communication, the collaborative attorneys encouraged direct communication between John and Betty. Through joint meetings and regular check-ins, John and Betty were able to express their concerns, share their perspectives, and find common ground. The collaborative attorneys acted as facilitators, ensuring that the conversations remained constructive and respectful. This improved communication helped build trust and cooperation between John and Betty, setting a positive tone for the entire process.
Discovery Process	The formal discovery process in the traditional litigation divorce required an overwhelming exchange of documents, contributing to a contentious atmosphere. John and Betty’s attorneys engaged in extensive requests for information and documentation, leading to increased legal fees and delaying the resolution of the divorce.	In the collaborative model, the financial specialist played a vital role in the exchange of information. The specialist guided John and Betty through the process of gathering relevant financial documents efficiently. By focusing on the necessary information and employing open communication, the collaborative process streamlined the discovery phase, saving time and reducing costs. This allowed John and Betty to concentrate on resolving their issues rather than getting bogged down in extensive paperwork.
Court Delays	The traditional litigation divorce faced delays due to court backlogs and scheduling conflicts, further prolonging the emotional strain on John and Betty. The uncertainty caused by these delays intensified their anxieties, making it challenging for them to move forward.	By choosing a collaborative approach, John and Betty were able to control the timeline of their divorce. They held meetings and discussions on their terms, without waiting for court dates. This efficient resolution allowed them to process their emotions and begin their post-divorce lives sooner. The reduced waiting time contributed to a smoother transition for everyone involved.
Trial	In the traditional litigation divorce, the trial turned into a battle of accusations, as each party tried to paint the other in a negative light. The children were caught in the crossfire, witnessing their parents’ hostility and experiencing emotional turmoil.	In the collaborative approach, John and Betty avoided a contentious trial. Instead, they worked together with the child specialist to ensure the children’s well-being remained the top priority. The specialist provided guidance on how to communicate effectively with the children about the divorce, minimizing the emotional impact. This cooperative approach allowed the children to feel supported and loved, even as their parents went through the divorce process.
Final Resolution	The traditional litigation divorce ended with a final divorce decree handed down by the judge, a stranger to the family. The contentious and emotionally draining process left John and Betty with long-lasting resentment towards each other, making it challenging for them to co-parent effectively. Both spent enormous sums of money to litigate their divorce for well over a year, possibly years. And even when the final judgment was handed down, both John and Betty appealed because of issues each of them had with the decisions of the judge. The appellate process took another year to resolve and cost a hefty amount of money for both John and Betty. And still, neither John nor Better were satisfied with the outcome.	The collaborative divorce concluded with John and Betty reaching a respectful closure. They mutually agreed on all aspects of their divorce, fostering a sense of understanding and empathy for each other’s perspectives. This amicable agreement allowed them to transition into their new roles as co-parents with a foundation of respect and cooperation. The collaborative process empowered John and Betty to communicate openly and work together in the best interests of their children, facilitating a healthier post-divorce relationship.

We know this is a lot of information to process. Your situation is unique and should be treated as such. We welcome the opportunity to discuss your divorce options, both traditional and collaborative, so please schedule a consultation with us today.

Can I Keep My House After A Divorce? Part 2

June 7, 2025September 5, 2023 by Paul Shafranski

In Part 1 we discussed whether your house is considered marital property, various factors that influence the decision to try to keep the house after a divorce, and some of the more common options for doing so. Now in Part 2, we will continue the conversation, in which we explore the legal process for valuing your house and some alternatives to keeping the house.

What Is My House Worth?

This is a key question if you are not going to be selling the house as a part of the divorce. If you agree to sell the house and split the proceeds evenly, then the value of the house will simply be whatever amount for which the house is sold. The market decides the value at the time of purchase and if you are splitting the proceeds evenly, it does not complicate equitable distribution. In other words, if the home sells for more than expected, you and your spouse will receive the benefit of that equally and if it sells for less, you and your spouse will both bear the burden equally.

While that is the simplest route, from an equitable distribution perspective, it is very common for individuals to instead want to stay in the marital home after divorce. That’s where it becomes important, and complicated, to ascertain the value of the home. You have a few options, in increasing cost and complexity:

Agree to Value:

The simplest manner to determine the home’s value for equitable distribution purposes is to agree to a value. This can be based on each of you doing your own research, online listing values (such as a Zillow estimate), or simply a strong belief you both hold as to the home’s monetary value. After all, you know your home better than anyone else. If you agree to a value, you can use that to determine what amount you will need to provide to your spouse, either in cash or in offsets from other marital assets, in order to buy out their share of the home so you can keep it. The Pros of this method are the simplicity and cost-effectiveness of agreeing to a price. The Cons of this method are the inaccuracy of the price as well as the difficulty some couples have in coming to any agreement during a divorce.

Comparative Market Analysis (CMA):

A CMA is somewhere between simply agreeing to a value and a full-blown appraisal. A CMA is performed by a real estate agent and involves comparing similar homes in the area that have recently been sold. Multiple factors go into a CMA, including but not limited to, location, lot size, and square footage, etc. A CMA is a great option if you and your spouse are not too far off in your personal estimates of the home’s worth—it will help determine what number to use. However, the bigger the difference in estimated values you and your spouse have, the less value a CMA will provide. If the CMA comes in at or near Spouse 1’s estimated value, then Spouse 2 is likely to reject it. If the CMA comes in at or near Spouse 2’s estimates value, then Spouse 1 is likely to reject it. If the CMA lands somewhere in the middle of both spouse’s estimates, they both may reject it. Ultimately, unless you both agree to be bound by the CMA, neither of you are required to agree to the price the CMA determines. The Pros of a CMA are cost (they are usually free) and speed (they are usually performed in a matter of days). The Cons of a CMA are that it is less accurate than an appraisal and require the parties to agree to a real estate agent to perform the CMA, which can be difficult in a high-conflict scenario.

Appraisal:

An appraisal is a more formal process than a CMA and requires a licensed appraiser to perform an appraisal. While a lot of the market comparison process is similar to a CMA, an appraiser will typically enter your home and physically inspect the condition of the house, noting any defects, outdated aspects, or flaws with the home. As such, an appraisal is more thorough than a CMA. An appraisal results in an appraisal report in which the detailed findings of the home are noted, with photographic evidence. Appraisals also take much longer to perform, typically 30-60 days, to obtain the appraisal report. They also carry a hefty price tag. And similarly to a CMA, either one of you may end up rejecting the appraisal report’s value of the home if it does not come close to what you already believe it to be. Neither of you are bound by an appraisal’s value unless you both agree to be. Often when a matter ends up in court, you end up with “dueling appraisals” with different values. The Pros of an appraisal is the accuracy and thoroughness it provides while the Cons are the price and length of time it can take to obtain.

Alternatives to Keeping the House

The primary alternatives to keeping the house are selling it or letting your spouse buy you out of your share of the equity in the home. It is often the case that the home is burdened with extensive family memories, which can make it difficult to let go of. However, divorces are typically difficult on your finances and maintaining a home with one income instead of two can be too difficult to realistically handle. Combined with all of the other financial and lifestyle changes that come with a divorce, sometimes it is better to say goodbye to the house and give yourself a clean break. It is very common for there to be a “resting” or “recovery” period after a divorce in which the parties live in simpler housing for a time while they adjust to the new normal and determine what they can afford and just as importantly what they actually want at this point in their lives.

Some people move in which family for a while after a divorce, which can help stabilize their finances and provide a steady place for them and their children. Still others move into smaller rental options, like a smaller home or an apartment, to get by during the adjustment period. It can be helpful to start out “smaller” with your options and then adjust upward if and when you think the time is right. Otherwise, it can be very difficult, if not impossible, to maintain the same life you had before a divorce without building back up to it. It can also be liberating to let go of an asset that is full of so many memories that are no longer a source of comfort; we have seen clients embrace a feeling of freedom when they let go of the struggle to keep the house and figure out how to maintain it. It is certainly not an easy decision to make, but it may be the best one for you and your family overall.

We welcome the opportunity to discuss your housing options with you. Please click here to schedule a consultation at your convenience.

Can I Keep My House After A Divorce? Part 1

June 7, 2025August 29, 2023 by Paul Shafranski

For most families, the home is the biggest single asset they have and the largest source of their net worth, with the possible exception of retirement accounts. The marital home is usually fraught with emotional attachment as well. This is why it is often the primary financial issue causing anxiety and argument during the divorce process. The question most individuals have usually boils down to, “Can I keep the house?” This is a simple question with some very complicated answers.

I. Understanding Marital Property

The first thing to figure out is whether your home is considered martial property. The answer is typically yes. Simply speaking, if the home was purchased during the marriage, it is likely marital property. Florida law defines “marital assets” as “[a]ssets acquired . . . during the marriage, individually by either spouse or jointly by them.” Fla. Stat. 61.075(6)(a)1.a. (2023). There are some additional complexities with the increase in the value of a nonmarital asset (a home that was purchased before getting married) during the marriage, material improvements to the home, and using marital funds to pay off part of the mortgage during the marriage, but that is for another article to discuss (stay tuned). This article will operate under the assumption that the home in question is marital.

II. Factors That Influence Keeping the House

There are multiple factors that come up when thinking about whether you can and should keep the house after a divorce.

Financial situation of both spouses. Simply put, divorce places a ton of strain on your finances. Once you are divorced, two incomes becomes one income, and shared bills become your responsibility, not to mention that the divorce process itself can be costly. The first thing you must ask yourself is whether you will be able to afford to keep the house after the divorce. Will you be able to pay for the mortgage yourself? Will you be able to keep up with the monthly household costs (insurance, utilities, maintenance, repairs, HOA fees, etc.)? It may be helpful to consult with a financial advisor if the answers to these questions are even a little unclear to you.

Mortgage and ownership details. The details of how your home was purchased and how it is owned will impact your whether and how you may be able to keep the house. Are other individuals besides you and your spouse on the deed or the mortgage? What kind or mortgage and loan do you have?

Children’s well-being. In all divorces with children, their well-being should always be the paramount concern throughout the process. How important is it that the children have access to the family home? Does the home provide unique details (spacious backyard, wonderful neighbors, etc.) that help in raising your children? Another major consideration is how important it is to stay within the children’s existing school zones. If both parents move out of the children’s school zones, the children will likely be re-zoned and required to attend different schools. Staying in the house is one way to ensure that school zones won’t be an issue (you can also move to another residence in the same school zone).

III. Options for Keeping the House

There are a few financial options for keeping the house.

Buying out your spouse’s share. If there is equity in the marital home, then that equity is presumed to be marital, and your spouse will likely have a claim to half of it. You are going to have to consider whether and how you will be able to buy your spouse’s share of the equity in order to keep the house for yourself. For example, if the house has a $200,000 mortgage and is estimated to be worth $300,000 (more on the process of determining the house’s value in Part 2), then there is approximately $100,000 in equity in the home. Your spouse would likely be entitled to half of that equity, or $50,000. You and your attorney would need to figure out if and how you could pay that amount to your spouse. You can do it through a cash transaction if that is available to you, but for many families that is not an option. Instead, you may look to other marital assets to offset the equity. One common option is to offer your spouse an unequal portion of your retirement accounts, or to offer to let your spouse keep more than half of his or her retirement accounts. Continuing from our example, if you have a retirement account worth $100,000, all of which is determined to be marital, then you and your spouse each would have a claim to half of that account, or $50,000. You could offer your spouse all of this retirement account in exchange for the marital home.

Refinancing the mortgage. This is one of the trickier aspects of keeping the marital home. Typically, both spouses are on the mortgage. Most lenders require refinancing in order to remove one of the mortgagors from the mortgage. In order to refinance a loan into just your name, you will have to qualify—which typically requires things like adequate steady income, a high enough credit score, etc. If you are denied refinancing, then chances are you will not be able to remove your spouse from the mortgage, and may at that point have to consider listing the house for sale. If you are at all considering this option, we believe it is prudent to start the refinancing process early—even if you cannot begin signing documents, you should have conversations with your lender to see how viable a refinance would be, and then shop around if you believe you may have luck elsewhere. It is not ideal to wait until the divorce is finalized to start looking into your refinancing options. You should start now.

Another consideration with refinancing the mortgage is that a refinance typically triggers a new interest rate calculation by the lender. Since interest rates have been historically low until recently, there is a chance that you will encounter a higher interest rate in refinancing. An increase in interest rate alone can make a mortgage payment go from affordable to unaffordable. There are options to try to circumvent this from happening, which you should speak to a qualified divorce mortgage lender to understand better. Our office is happy to refer you to the appropriate professionals and specialists who focus on refinancing and lending during and after divorces.

There is so much to discuss on this issue, so please come back to read Part 2, in which we will address the legal process for valuing the house and alternatives to keeping the house. If you have questions about any of these issues, we are eager to help you understand better. Please contact us to schedule a consultation.

Gray Divorce: Complexities and Considerations

June 7, 2025August 13, 2023 by Paul Shafranski

In the intricate tapestry of life, relationships evolve, mature, and sometimes take unforeseen turns. This is especially true for couples who find themselves facing the complex transition known as a “gray divorce.” Gray divorce refers to the increasing trend of couples aged 50 and above choosing to end their marriages. Artemis Family Law Group understands the unique challenges that gray divorces can bring, both the issues they present and the considerations involved in navigating this sensitive journey.

Understanding Gray Divorce: Unveiling the Complexity

Gray divorce, while often echoing the emotional strains of any divorce, comes with its own set of intricacies. After decades of shared memories, assets, and intertwined lives, the decision to part ways in the later stages of life can be particularly overwhelming. Key considerations in gray divorce cases often include:

Financial Complexity: Gray divorce involves unraveling shared financial ventures, retirement accounts, and properties that have accumulated over the years. Determining equitable division becomes a crucial aspect, and finding solutions that align with both parties’ financial security is essential.
Retirement Realities: One of the most significant concerns in gray divorce is ensuring that both parties can maintain a secure retirement. This involves evaluating retirement accounts, pensions, and other financial instruments to ensure a stable future.
Healthcare and Support: As couples age, health considerations become increasingly important. Addressing healthcare needs, including insurance coverage and potential long-term care expenses, requires careful planning to ensure both parties’ well-being.
Emotional Well-being: Gray divorces can be emotionally complex, as couples reflect on the years they’ve spent together. The emotional toll of parting ways after decades can be immense, and finding ways to support each other’s emotional well-being is crucial.

The Collaborative Approach: A Considerate Path Forward

When facing the intricate landscape of a gray divorce, it’s important to consider the various approaches available to navigate this journey. While the collaborative family law model is one such approach, there are others that can also be effective. Here’s why taking a thoughtful and considerate approach is essential:

Effective Communication: Regardless of the approach chosen, effective communication is key. Gray divorce cases require open dialogue and clear understanding of each individual’s needs and concerns.
Tailored Solutions: Gray divorce cases often necessitate customized solutions that address the specific circumstances of each couple. Whether through collaboration, mediation, or litigation, solutions should be designed to provide stability and fairness.
Emphasizing the Long-term: Gray divorce involves planning for the future, not just the immediate circumstances. Ensuring financial stability, healthcare coverage, and emotional well-being in the years to come is paramount.
Professional Guidance: Seeking legal guidance from experienced family law professionals is crucial. These experts can help navigate the legal intricacies while offering empathy and support.

Empathy in Action: Navigating the Gray Divorce Journey

As legal professionals based in Central Florida, Artemis Family Law Group is committed to providing compassionate and informed guidance through the challenges of gray divorce. Our goal is to empower people with the knowledge they need to make informed decisions about the path forward, whether that’s through collaborative divorce, mediation, or other legal avenues.

In conclusion, gray divorce is a multifaceted journey that demands careful consideration of financial, emotional, and practical factors. At Artemis Family Law Group, we’re dedicated to supporting people in their pursuit of a brighter future, no matter which approach they choose. If you or a loved one are navigating the complexities of a gray divorce, remember that there are resources and professionals ready to guide you toward a new chapter filled with promise.

For more information on gray divorce or any family law matter, reach out to Artemis Family Law Group to explore your options.

The Importance of Communication in Family Law Cases: Strengthening Your Relationships Amidst Legal Challenges

June 7, 2025August 8, 2023 by Paul Shafranski

Divorce and family law cases can be emotionally challenging, putting tremendous strain on relationships with loved ones. As a collaborative family law firm dedicated to supporting families in Central Florida, we understand the significance of effective communication during these trying times. In this blog post, we delve into the importance of communication in family law cases and offer practical strategies to maintain healthier relationships with your family while navigating the legal process.

The Power of Open Communication

When facing family law matters, open and honest communication is the cornerstone of resolving conflicts amicably. Transparent communication can foster understanding, empathy, and cooperation, which are vital elements for reaching mutually beneficial agreements. We encourage our clients to express their thoughts and emotions openly, as bottling up feelings can lead to unnecessary tension and misunderstandings.

Emotions and Family Law

Family law cases often evoke intense emotions, ranging from sadness and anger to fear and confusion. These feelings can cloud judgment and escalate conflicts, making it challenging to find common ground. By acknowledging these emotions and communicating them to your family and legal team, you open the door to greater empathy and support.

We are here to provide a compassionate ear and guide you through the legal process, ensuring your voice is heard and your feelings are respected. Our goal is to help you approach family law matters with a clear and focused mind, enabling you to make well-informed decisions for your future.

Putting Children’s Best Interests First

For couples with children, prioritizing their well-being is paramount. A child’s emotional and psychological development can be significantly impacted by the divorce process. Maintaining open lines of communication with your co-parent can help create a stable and nurturing environment for your children.

We encourage parents to engage in frequent and constructive dialogue about their children’s needs and preferences. By demonstrating unity and cooperation, you can assure your children that they are loved and supported, even during difficult times.

Tips for Effective Communication

1. Active Listening: One of the most valuable communication skills is active listening. Give your full attention when your family members or legal team are speaking, and avoid interrupting. This fosters mutual respect and understanding.

2. Choose the Right Time and Place: When discussing sensitive matters with your family or co-parent, choose a calm and private setting where you can communicate without distractions.

3. Use “I” Statements: When expressing your feelings or concerns, use “I” statements to avoid sounding accusatory. For example, “I feel hurt when…” instead of “You always…”

4. Stay Focused on the Present and Future: While it’s natural to discuss past grievances during emotional conversations, try to stay focused on the present and future. This approach promotes problem-solving rather than dwelling on past mistakes.

5. Seek Professional Support: If communication becomes too challenging, consider seeking support from a therapist or counselor who specializes in family dynamics. A neutral third party can facilitate conversations and help navigate difficult emotions.

6. Embrace Technology: Utilize technology to stay connected with your family and co-parent, especially if distance is a factor. Video calls or messaging platforms can bridge the gap and facilitate regular communication.

Conclusion

At Artemis Family Law Group, we understand that effective communication is the key to preserving the strength and harmony of your family during challenging legal processes. By fostering open dialogue and empathy, you can navigate family law cases with a more positive and cooperative approach.

Our warm and professional team is dedicated to supporting you through every step of your journey, providing the guidance you need to make informed decisions that serve your family’s best interests. Remember, you are not alone – we are here to help you find resolutions that honor your values and create a brighter future for you and your loved ones.

Reach out to Artemis Family Law Group today to learn more about our collaborative approach to family law and how we can assist you in this important chapter of your life. Together, let’s strengthen your relationships and build a foundation for a thriving future.

Five Crucial Steps You Can Take For Your Children During a Divorce

June 7, 2025August 4, 2023 by Paul Shafranski

Divorce can be a challenging and emotionally draining process for both spouses, but it can be even more so for children. As collaborative family law attorneys, our focus is always on promoting the wellbeing of the children involved in the divorce. Here are five crucial steps that divorcing parents should take to prioritize their children’s wellbeing during this difficult time:

Communicate Openly and Honestly: It is essential for parents to communicate openly and honestly with their children about the divorce. While it may be difficult to have these conversations, being transparent about the changes that will occur can help reduce confusion and anxiety. It is important to use age-appropriate language and assure the children that the divorce is not their fault. Parents should encourage their children to express their feelings and concerns and be prepared to provide comfort and reassurance.
Maintain a Stable Environment: Stability is crucial for children during a divorce. Maintaining a consistent routine as much as possible can provide a sense of security amidst the changes happening around them. This includes keeping the same school, extracurricular activities, and maintaining contact with supportive family members and friends. Minimizing disruptions in their daily lives can help children adapt better to the new circumstances.
Avoid Conflict in Front of Children: Divorce can lead to heightened emotions and disagreements between parents, but it is vital to avoid exposing children to ongoing conflict. Children can be deeply affected by witnessing their parents argue or speak negatively about each other. Collaborative divorce and alternative dispute resolution methods can be beneficial in reducing conflicts and creating a more respectful and cooperative environment for the entire family. When parents are in control of the process, they are more likely to focus on finding solutions that work best for the children.
Prioritize Co-Parenting: Co-parenting involves working together as a team to make decisions in the best interest of the children. Even though the marriage is ending, the role of being parents will continue. Collaborative family law encourages parents to foster a cooperative co-parenting relationship, emphasizing shared responsibility and regular communication about the children’s needs. Maintaining a positive co-parenting dynamic can provide children with a sense of security and support.
Seek Professional Support: Divorce can be an emotionally overwhelming experience, not only for the parents but also for the children. Engaging the services of a mental health professional, such as a family therapist or counselor, can be immensely helpful for both parents and children. These professionals can provide emotional support, guidance, and coping strategies to navigate the challenges of divorce successfully. Additionally, collaborative family law attorneys often work closely with mental health professionals to ensure the emotional wellbeing of the entire family is considered during the process.

In conclusion, divorcing parents must prioritize their children’s wellbeing throughout the divorce process. By communicating openly and honestly, maintaining a stable environment, avoiding conflict in front of children, prioritizing co-parenting, and seeking professional support, parents can create a smoother transition for their children and help them cope with the changes that come with divorce. Collaborative family law and alternative dispute resolution methods can play a significant role in fostering a more amicable and child-focused approach to divorce, promoting the children’s emotional and psychological health during this challenging time. Remember, putting the children first is not only a legal responsibility but also an act of love and care towards their long-term care.

Why Collaborative Divorce Is Better for Families Than Traditional Divorce

June 7, 2025July 31, 2023 by Paul Shafranski

The team moves at your pace.

Whether you’re motivated to move quickly through the process, or you are seeking a slower, deliberate process, the team is able to accommodate your needs. In a traditional divorce, the timeframe is set by one-size-fits-all statutory deadlines that may not be appropriate for your family.

Your goals and priorities are central to the process.

At the start of a collaborative divorce, each client is asked to compile a list of their goals for the process and after. Some examples include developing co-parenting skills together, maintaining financial security, or ensuring that you receive a fair split of the marital assets. Your goals help the professional team that is supporting you in the process understand what is important to you when exploring various options and scenarios. In a traditional divorce, your marriage is treated more like a business dissolution than a unique set of emotionally-charged circumstances and history.

Your family’s privacy is safeguarded.

Because the conversations and negotiations in a collaborative divorce occur in a private, non-litigation setting, people feel free to have some of the awkward conversations that are necessary to resolving underlying issues in a divorce. Further, collaborative divorces typically occur with minimal filing of court documents, which helps to protect your family’s privacy. In a traditional divorce, extensive personal and financial documents are often filed with the court and are accessible to the public.

Your children are not weaponized.

In a collaborative divorce, parents work with a collaboratively-trained licensed mental health neutral who facilitates co-parenting conversations and helps parents develop a parenting plan and timesharing schedule that is best for the children. Unfortunately, in a traditional divorce, children often end up being treated like objects to fight over and “win.”

Your family’s finances are protected.

Each family in a collaborative divorce is guided by a collaboratively-trained and licensed financial neutral, who gathers all of the necessary financial information to create an overall picture of the family’s finances. This allows the team to explore financial options more efficiently than in the traditional divorce, where each side’s attorney, who rarely has any financial education, spends countless hours poring over financial documents and fighting with the other side to make sure everything is disclosed, and nothing is hidden.

You have the final say in what your future will look like.

At the conclusion of a collaborative divorce, you will decide what your future looks like. In a traditional divorce, your entire family’s history will be condensed into a brief hearing, where a judge who is a stranger to your family will hear minimal evidence and testimony and then decide your future for you. Instead of handing over your family’s future to a stranger, collaborative divorce allows you to stay in control of your family and your future.

Am I responsible for my spouse’s medical bills?

June 7, 2025October 17, 2019 by Paul Shafranski

Unfortunately, during a marriage, one or both of the spouses may incur significant medical debt. A main concern is whether one spouse will ultimately have to pay the medical bills of the other. The answer to this complicated question is nowhere near straight-forward.

Many people are under the impression that they will not have to pay for their spouse’s medical bills by simply refusing to sign any documents that would make them a responsible party to the medical bills; however, this is not a complete shield in every case. In essence, you may not have to directly pay for your spouse’s medical bills, but you can still be affected by them.

For instance, if the medical bill was paid with a credit card that is joint or that you co-signed for, the credit card company would not care that you did not sign off as being a responsible party. The credit card company will most likely hold you and the spouse incurring the medical bills jointly liable for the debt.

If your spouse should die, pursuant to the laws of Florida involving estates, you as a surviving spouse would not be held responsible for the medical debt incurred by your deceased spouse; this medical debt would be paid from the deceased spouse’s estate. However, this means that if your estates are combined, the medical debt is still, in reality, being paid in some manner by you.

If you and your spouse decide to divorce, the medical debt may be in the other spouse’s name, but because it was accrued during the marriage, it would be considered marital debt. Thus, this medical debt would be included in the distribution of all the assets and debts accrued during the marriage Further, although this medical debt may be in one spouse’s name and on that spouse’s side of the marriage’s asset and debt “balance sheet,” it would affect the overall division of the assets and debts (i.e., there would have to be a balance of assets and debts to each person so that the two parties are essentially walking away from the marriage in fairly equal positions).

One spouse in a marriage may believe that they will not have to be responsible for medical debts incurred by the other spouse. By refusing to be made a responsible party to the other spouse’s medical debts, at first glance, this may hold true. Further, in certain circumstances, a spouse may not be held directly responsible for the other spouse’s medical bills. However, based on the discussion above, in actuality, your spouse’s medical bills will ultimately affect you in some manner.

Who is a child’s legal father in Florida? Does it matter?

June 7, 2025October 11, 2019 by Paul Shafranski

The issue of paternity is one we find generates a great deal of confusion. Many fathers in Florida operate under the incorrect assumption that biological fatherhood is the same as legal fatherhood, or that being the biological father supersedes being the legal father. It may seem counterintuitive but when it comes to who has the rights and responsibilities of being a father, being the legal father is all that matters.

It is perhaps easiest to explain paternity using examples:

If John and Annie have a baby while they are married, then John is both the biological and legal father. This is the simplest scenario.
If John and Annie have a baby but are not married at the time and remain unmarried, John is the biological father but not the legal father. This is true even if John is listed on the birth certificate. If John and Annie later marry, then John can become the legal father through a process known as legitimation, which involves updating the child’s birth records.
If Annie becomes pregnant by John while they are unmarried and Annie marries Steve before the baby is born, then even though John is the biological father, Steve is the legal father.

If you are not the legal father, regardless of being the biological father, you have no rights to your child. You have no parental responsibility or decision-making authority. Instead, the mother has exclusive rights to make all decisions regarding the child, which can impact your ability to exercise time sharing (custody) or see your child. This is not an uncommon scenario in Florida.

The legal method by which a biological father may seek to be declared the legal father is called a paternity action. Some paternity actions, however, are brought by the mother, in order to establish the father’s obligations to pay child support. By the end of a paternity action, if paternity is established, there should be a parenting plan in place which declares the parental responsibilities of both parents as well as a time-sharing schedule, in addition to child support obligations.

At Artemis Family Law Group, our attorneys are well-versed in paternity matters, having represented both mothers and fathers, and are ready to help you bring some stability and peace of mind to your situation. Please contact us to discuss your paternity matter and we will be happy to answer any questions you may have.

Big Changes Coming to the World of Alimony

June 7, 2025August 20, 2018 by Paul Shafranski

Of the many changes to our tax laws in the Tax Cuts and Jobs Act (the “TCJA”), one of the most important has a direct impact on family law, particularly those in the midst of a recent divorce. Under the current rules, those who make alimony payments are eligible to have those payments deducted from their federal income taxes. (There are requirements that must be met to establish eligibility under this rule, which is not the focus of this article.) Likewise, those who receive alimony payments must declare it as income for federal income tax purposes.

This is all about to change. Under the TCJA, for any divorce which is finalized in 2019 or later, the payor of alimony is no longer eligible for a federal tax deduction. Similarly, the payee of alimony will no longer be required to include it as income. This is a substantial change in the law and will directly impact both the payor and payee’s yearly federal tax burden. For those in the middle of a divorce currently, this is an important factor to consider when trying to reach a resolution before the end of the year.

It is also important to note that the TCJA also contains a provision making pre-2019 divorce judgments subject to the new changes if a modification judgment is entered in 2019 or later. However, the modification judgment must state that the newer TCJA tax laws will apply to alimony payments going forward.