What Is A Florida Collaborative Divorce and is it Right for You?

Collaborative divorce has been an option for couples who want to end their marriage since 2017 when Florida legislators enacted The Collaborative Law Process Act. Due to the fact that collaborative law is fairly new in the Sunshine State, many people do not fully understand what the process entails. Below, one of our Tampa collaborative divorce attorneys explains more about this option and how to know if it is right for you.

What is Collaborative Divorce? 

During a collaborative divorce, both sides will meet in an informal setting, such as a lawyer’s office or a conference room. During the meetings, the two sides will try to reach a settlement agreement. Negotiations take place mainly between the two attorneys representing each spouse. Certain experts, such as certified public accountants, parenting experts, and financial advisors are also often present at these meetings so they can provide additional insight into the facts of the case.

Collaborative law has many benefits for divorcing couples. The process does not take place in a courtroom and so, the records are never made public. Anything that is said or done during collaborative law sessions remains completely confidential. The fact that collaborative divorce takes place out of the courtroom, it also gives the couple much more control over the process. When divorce issues are resolved in the courtroom, a judge will make all of the decisions and the couple will not have a lot of say in the process.

Collaborative law also has the benefit of being much more affordable than litigated divorces. These cases are also finalized much more quickly than cases that go to trial.

Collaborative Divorce Does Not Always Work 

While collaborative divorce does have many benefits, it is not always successful nor is it the right choice for all divorcing couples. In order to work, both spouses must be honest and forthcoming throughout the entire process so that marital assets and debts can be divided fairly.

As the name implies, collaborative divorce requires both sides to work together and collaborate to reach a settlement agreement. When either side has trust issues with the other, there may be feelings of resentment. This will hinder the collaborative process and may prohibit the two spouses from reaching an agreement.

Lastly, collaborative divorce will not work when there is any history of domestic violence between the two sides. In these cases, one side is in a position of authority over the other. Collaborative law requires both parties to be on a level playing field in order to be successful.

Our Collaborative Law Attorneys in Tampa Can Guide You Through the Process 

There are many ways to get a divorce in Florida and collaborative law is a great option for many couples. At All Family Law Group, P.A., our Tampa collaborative law attorneys can help you through the process and give you the best chance of success of a favorable outcome. Call us now at 813-672-1900 or contact us online to request a free consultation and to learn more.

Source:

floridabar.org/the-florida-bar-journal/the-collaborative-law-process-act-the-future-is-now/