Collaborative Divorce in Florida
HOW COLLABORATIVE DIVORCE IN FLORIDA WORKS
Collaborative divorce is a process that is becoming more popular among divorcing couples who want to avoid costly drawn-out litigation. The state of Florida recently passed the Collaborative Family Law legislation, which assigns approved Rules of Procedure for these types of cases.
Collaborative divorce is not adversarial and takes place outside the official courtroom setting.
Each party to the divorce signs a formal Participation Agreement with their collaborative law attorney, promising to participate in the process in good faith and seek a mutually agreeable result.
A neutral financial professional is retained as part of the team. This professional will get access to all good-faith financial documents and will attend meetings where financial issues are discussed to help facilitate agreements relative to asset distribution, alimony, child support, etc.
The meetings themselves may also be facilitated by a neutral third party who is trained in collaborative law and will meet with each side to understand which issues are most important to them. The neutral party will lead the meetings and accept input from each spouse’s attorneys when necessary.
Instead of acting as adversaries, all of the parties in the process, including the lawyers, are considered partners with the same goal – to reach a mutually beneficial agreement. Your settlement agreement will then be presented to the court for final approval.
If you and your spouse are unable to agree on issues through collaborative divorce, your attorneys will not be able to represent you in litigation.
THE BENEFITS OF CHOOSING COLLABORATIVE DIVORCE
Collaborative divorce is not for everyone. Typically, this type of divorce is not well-suited for marriages involving any type of abuse or dishonesty about assets or income. That said, it’s an excellent option for many couples, even those involved in high-asset divorces. Here are some of the benefits of choosing collaborative divorce:
More control — You get more control over the process than you would when you ask a judge to decide key issues in your divorce.
Less stress — This approach leads to less frustration, anxiety, and stress for you and your children than a traditional divorce.
Lacks formality — The lack of formality in a collaborative divorce makes it easier to understand what you are negotiating and eventually agreeing to in a settlement.
Better discretion — If you are concerned about privacy and what is entered into the public record, collaborative divorce is a better option.
Easier logistics — Judges and courts don’t care about your schedule, but you have more of a say in the logistics of meeting with collaborative divorce.
Saves money — In general, this type of divorce will cost much less in attorney’s fees, expert witnesses, and time than a traditional divorce.
Faster process — Contested divorces can take a year or more to resolve. Collaborative divorce is much faster.
Maintains relationships — You might be concerned about maintaining a relationship with your spouse. But, for the sake of your children, you should be. Because the process is less adversarial, you can reduce the animosity.
