Florida couples who decide to get divorced have different options. One of those is collaborative divorce. Knowing how it works can help determine whether it’s the right way to go.
What is collaborative divorce?
Collaborative divorce is a type of divorce process that gives each spouse the ability to negotiate all matters pertinent to their split. It involves a smoother, more amicable process that helps to avoid a lengthy traditional court process. Spouses can come to an agreement on spousal support, child custody and more.
How does the collaborative process work?
The first step in the collaborative divorce process sees the two parties agreeing to work together on all the matters within the divorce. There must be a mutual agreement to work together, hence the term “‘collaborative’ divorce.” Both parties must be willing, or there cannot be a collaborative divorce done to end a marriage.
Each spouse has their own attorney who is skilled in the area of collaborative divorce. The attorneys help their clients by advising them and helping them come to agreements on any issue raised when everyone gets together for a meeting. Other professionals might also be brought in to assist in certain areas. For example, if the couple is having difficulty agreeing on financial matters, an accountant might be brought in to help.
After both spouses and their attorneys meet, they must sign a document that states they both agree to forgo going to court. However, the document also says that if the two parties are unable to reach an agreement and do end up taking their divorce to court, their attorneys agree to withdraw from the case.
With the “no court” clause, spouses are often encouraged to work together to come to an agreement on all issues within the divorce. The ultimate goal of a collaborative divorce is to agree and settle those matters.
Is collaborative divorce right for you?
Collaborative divorce isn’t necessarily right for everyone who wants to end their marriage. It can work if both parties are open enough to agree on the most important matters within the marriage. However, if there are certain issues such as abuse, it’s better to have a traditional court divorce.