What Is A Collaborative Divorce And How Does It Work?
There are many ways to dissolve a marriage in Florida. Mediation is often ordered by the courts as a first step in the divorce process. Traditionally, if mediation broke down, you were left with litigation which is when you argue your case at trial in front of a judge. However, there is a middle ground for couples who can’t seem to come to terms in mediation but want to avoid a protracted divorce battle in litigation. That third option is known as collaborative divorce.
Collaborative divorce occupies a middle ground between mediation and litigation that allows the participants in a divorce to have their own representation while they agree to resolve their issues with the help of third-party experts and their attorneys. In this article, the Orlando family lawyers at Greater Orlando Family Law will discuss collaborative divorce, how it works, and what to expect.
Understanding the collaborative divorce process
During a collaborative divorce, each party will have an experienced collaborative divorce attorney representing their interests. Each party, including the lawyers, will sign an agreement to commit to the collaborative divorce process. Neither party is allowed to threaten litigation, withhold information, or otherwise thwart the collaborative process. If they do, the collaborative divorce will break down and the matter will proceed to litigation.
During the collaborative divorce sessions, the attorneys and the spouses will discuss important matters such as child custody and timesharing, child support, property division, and spousal support.
In a collaborative divorce, both spouses are required to disclose everything and be completely transparent about their finances. This prevents the spouses from going behind one another’s backs or using deception to achieve their aims. Hopefully, the collaborative process minimizes resentment and allows the divorcing couple to communicate effectively. This is especially important in marriages that have children.
If the couple is having a difficult time resolving their issues, other professionals can be brought in to assist the process. These include counselors, family psychologists, financial experts, accountants, and more. Attorneys for the couple will use tactics that encourage cooperation and discourage confrontation.
Many couples find that collaborative divorce makes the divorce process less painful. But it won’t work for everyone. If the couple cannot reach an agreement during the collaborative process, litigation may be their only option.
What are the pros and cons of a collaborative divorce?
The biggest advantage of a collaborative divorce is that it allows the spouses to resolve their issues in an amicable manner. While it’s not as cheap as mediation, it’s still significantly cheaper than litigation which can take years to resolve. Couples with children may be interested in pursuing a collaborative divorce to avoid the animosity and accusations that occur during litigation. An Orlando family law attorney can help you decide if a collaborative divorce is right for you.
Talk to an Orlando Family Lawyer Today
Greater Orlando Family Law represents the interests of Orlando residents pursuing a divorce. If you’re interested in learning more about collaborative divorce, call our office today to schedule an appointment. We can find a strategy that meets your individual needs and ensures your interests moving forward.
