What Is Collaborative Divorce In Florida?
In the past, divorces were litigated in front of a judge. Each side battled it out against the other to address issues like equitable distribution, spousal support (alimony), child custody, and child support. Ultimately, these divorces clogged up the courtrooms, and mediation was introduced to help take some pressure off of the courts. Today, those pursuing a divorce case are required to try mediation first before going before a judge. The main problem with mediation, however, is that it requires both parties to be mostly on the same page to successfully negotiate a resolution to their divorce.
However, there is an alternative to both mediation and litigation that allows you to reduce costs associated with divorce and keep your private matters confidential. The process is known as collaborative divorce and it helps couples who may be far apart when it comes to mediation to avoid the cost and pitfalls of litigation.
Understanding collaborative divorce
The collaborative approach to divorce requires both participants and their lawyers to sign a contract called a collaborative participation agreement. Under the agreement, the lawyers are not allowed to participate in contested court proceedings on behalf of those clients ever. So if the collaborative process breaks down, those lawyers could not represent you in court. Instead, everyone is focused on resolving the couple’s issues, not battling against an opponent. Under the terms of the contract, even threatening litigation can cause the process to break down.
The collaborative divorce process allows couples to achieve flexible creative and private settlements of all family law matters without going to court. Most couples who engage in this process reach a full agreement. Instead of being emotionally and financially drained by the process of litigation, the spouses are able to sit across from one another and hammer out an arrangement that’s in everyone’s best interest.
One of the main benefits of the collaborative law process is that it allows you to keep the proceedings private. Any matter that goes before a judge is a matter of public record. The collaborative divorce process, however, is private. This keeps your sensitive information out of the public’s hands.
Why choose collaborative divorce?
It’s necessary to recognize the fact that if you have children, your relationship with your former spouse will last for several years. Collaborative divorce is not an adversarial process. Many people choose collaborative divorce because they want to:
- build flexible parenting plans that meet the needs of their children
- avoid the stress, expense, and time commitment associated with litigation
- keep sensitive financial, business, or personal information confidential
- keep the decision-making process in the hands of the spouses as opposed to allowing a stranger (the judge) to decide their affairs
- Keep the decision-making process in their hands as opposed to allowing a stranger (the judge) to decide their affairs
Collaborative divorce is usually more efficient than litigation. It takes less time to complete and because of this, it costs less money. With litigation, you can be in court for years battling it out with your former spouse on matters such as equitable distribution, alimony, child custody, and child support. Collaborative divorce effectively resolves the issues without a judge making decisions for you and your partner.
Talk to a Greater Orlando Collaborative Divorce attorney today
The Orlando family lawyers at Greater Orlando Family Law represent the interests of divorcing spouses who are seeking to dissolve their marriage amicably. Call our office today to schedule an appointment and we can begin discussing more about the collaborative law process.
