People who are going through a divorce in Florida may hear about collaborative approaches as an option for getting everything settled. This is a suitable way forward for people who are willing to work together outside of court to make decisions about property division, child custody and everything else related to the end of their marriage.
A collaborative process involves each party retains their own attorney to help them during the negotiations. It offers more privacy than a divorce that goes through the trial process in front of a judge and it give both parties more control over the outcome.
How does the collaborative process differ from a divorce trial?
Unlike traditional divorce litigation, which often involves contentious court battles, the collaborative process is more private and less adversarial. The process involves both parties and each party’s attorney. Other professionals, such as child specialists and financial advisors may be called in to help during the process. If either party decides they want a divorce trial, both attorneys have to withdraw from the case. Both parties will have to find new representation if going to trial ultimately becomes necessary.
How can collaborative divorce help with custody?
Collaborative divorce allows parents to have greater control over decisions related to their children. They can consider the child’s needs and the overall circumstances between them to determine how parenting time and decisions should be handled. Since this is less tense than traditional litigation, this approach may make it easier for them to parent as a team in the future as well.
Is collaborative law suitable for all divorcing couples in Florida?
The collaborative divorce process is only suitable when neither party is trying to push their own agenda. Cases that involve a lack of trust and those marked by domestic violence allegations aren’t suitable for a collaborative process.
How do you start the collaborative law process in Florida?
In Florida, collaborative divorce is possible only when both parties agree to use this option. Each spouse must have a legal representative who’s trained in collaborative law. The process formally starts after a participation agreement is signed by everyone.
Collaborative divorce is usually less contentious, faster and less costly than traditional litigation. Yet, both parties should ensure that they understand their rights as they move through the legal process to end their marriage, as every divorce is unique.
