Collaboration vs. Collaborative Divorce In Florida – What Are The Differences?
In Florida, there are many ways to get divorced. Many people envision a long and bitter courtroom battle. Fortunately, only the minority of divorces end in litigation. Negotiation, mediation, and collaborative law are alternatives to litigation that can result in a process that is faster, cheaper, and less stressful for everyone involved.
Couples who want an uncontested divorce often consider collaborative divorce. While collaborative divorce has benefits for many people, it is not always the best option. Often, collaborating with your spouse to reach an agreement is better than going through the collaborative process.
What is Collaborative Divorce?
Collaborative divorce seems very much like collaboration on the surface. However, collaborative law is a very specific process. When you enter the collaborative law process, you sign a contract with your spouse agreeing to work cooperatively with them. Your lawyer also enters into the agreement. During the process, your lawyer will negotiate with your spouse’s lawyer until a settlement is reached that both sides agree with.
However, if the collaborative process is not successful, meaning an agreement cannot be reached, you will have to start the divorce process over from the beginning. Collaborative law is very results-driven and so, you cannot even use the same attorney if the process is not successful. Divorce is expensive enough. When you have to start the process all over again, it delays the process and makes it more expensive.
This does not mean that collaborative divorce is a poor choice for everyone. If you and your spouse disagree on many issues and you are unsure how to resolve them, collaborative divorce may be right for you. On the other hand, if you and your spouse can largely agree to the terms of divorce, collaboration may be a better option.
What is Collaboration During Divorce?
Unlike collaborative divorce, collaboration is an informal process. You do not have to enter a formal agreement to collaborate with your spouse. You can also try several methods to resolve any issue you disagree on, such as mediation or negotiation. During either process, your spouse will negotiate with your spouse’s lawyer in a manner that is much more informal than collaborative divorce. Your lawyer will negotiate with your goals in mind so you obtain a satisfactory settlement.
If either mediation or negotiations are unsuccessful, you do not have to start the whole process over again. You can continue working with the same attorney and simply determine the best course of action to take.
Our Collaborative Divorce Attorneys in Tampa Can Advise On Your Case
If you are thinking about ending your marriage, or the papers have already been filed with the court, you need legal advice. At All Family Law Group, P.A., our Tampa collaborative divorce attorneys can review the facts of your case to gain a full understanding of your situation. We will then advise on the different procedures available and advise on which one might be right for you. Whatever that is, we can help you through it. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to get the legal help you need.
Source:
flsenate.gov/Laws/Statutes/2018/0061.56
