What Is A Collaborative Divorce In Florida?
Traditionally, divorces are either mediated or litigated. Mediated divorces are those in which the participants hire a neutral third party to facilitate an agreement between the two spouses. Mediation is largely considered the cheapest and fastest way to end a marriage. But not all participants in mediation resolve their issues and sometimes, they’re so far apart on the issues, that mediation is inappropriate.
Traditionally, such a scenario would leave them only with litigation as an option. Litigation is an adversarial process in which both spouses argue their case in front of a judge, and the judge renders any decisions based on the merit of their arguments. It is costly and time-consuming. The process can extend for over a year. Each party has their own attorney who advocates on their behalf. The costs can be extensive.
Luckily, there is a third option for divorcing couples: collaborative divorce. Collaborative divorce is a form of alternative dispute resolution in which both parties agree to sign a contract indicating their commitment to the collaborative divorce process. In this article, we’ll briefly discuss some of the key elements of collaborative divorce in Florida.
Voluntary participation
Collaborative divorce is built on a foundation of voluntary participation. Both parties must sign a contract and willingly commit to the collaborative law process. The ultimate goal is to work together to reach a resolution. This allows the couple to keep the decision-making power in their own hands with help from their attorneys.
Each party hires an attorney
In a collaborative divorce, each party will hire their own attorney. The attorney must agree in advance not to represent the client in any contested litigation or the process would be terminated. This ensures that the attorneys are dedicated to the collaborative process and helping the parties resolve all of their issues.
The collaborative law process often involves neutral third-party professionals such as financial experts, child psychologists, and mediators. These individuals contribute their expertise to help the parties reach a consensus and ensure that all remaining questions related to the divorce are settled.
Advantages of collaborative divorce
Collaborative divorce is less adversarial than litigation, and more hands-on than mediation. The ultimate aim is to resolve disputes between couples amicably as opposed to battling it out before a judge. This helps to preserve important relationships and reduce animosity between the former partners. It’s also significantly more cost-effective than litigation. Collaborative divorces are generally resolved within 6 months while litigation can last for years. Further, instead of a judge deciding every matter related to your divorce, the parties retain control of the outcome.
Talk to an Orlando Collaborative Divorce Attorney Today
Greater Orlando Family Law represents the interests of Orlando residents who are pursuing a divorce. We can help with mediation, collaborative divorce, or litigation, if necessary. Call our Orlando divorce lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
