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How collaborative divorce works

On Behalf of | Feb 22, 2024 | Divorce Mediation |

Married couples expect to have a long, happy life together, but that’s not always reality. Life is filled with unexpected situations that can impact relationships, and some of those issues can lead to divorce. When ending a Florida marriage, there are different options, and collaborative divorce might be the right one for you.

Understanding collaborative divorce

Collaborative divorce is a process that allows married couples to dictate all the terms of their split. Instead of spending a long time in court and dealing with heavy, emotional scenes, they can negotiate matters of concern and use mediation to their advantage if necessary. The parties can decide on property division, alimony, child custody, child support and anything else relevant to their divorce.

How collaborative divorce works

For collaborative divorce to be an option, spouses must put aside their differences and agree to work together. The process is only appropriate when both parties are open to compromising; if there is contention between them, it won’t work.

Each party has legal representation and is open to alternative means to settle disputes. The spouses first meet privately with their respective attorneys to discuss their concerns and expectations. Third party professionals may be brought in to assist in any areas of concern; for example, if there’s an issue about child custody, a child specialist may be summoned.

Afterward, everyone meets to explain their issues and negotiate what they want out of the divorce. Both spouses are expected to be honest and provide any information necessary for negotiations to succeed. The parties also sign an agreement stating that they will not go to court. However, if negotiations don’t succeed and there are still issues to resolve, the attorneys must withdraw from the case, and the spouses will go to court where a judge decides the outcome for them.

Collaborative divorce is a good alternative to drawn-out court proceedings, but it’s not for everyone. Those with a history of domestic violence, substance use disorder or couples who don’t get along are not suited for the process.


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