When most people think of a divorce, they envision fights and contention.
But for some couples, that’s far from the truth as they’re able to handle their divorce proceedings on their own and without litigation. Instead, they rely on mediation, negotiations, and other forms of resolution options to come to an agreement on how their futures will look.
If you feel like the latter is better for you, a collaborative divorce is an option for couples in Florida who do not want to go through the court system
If you’re unfamiliar, a collaborative divorce is when both spouses and their lawyers mutually agree to steer clear of litigation and come to an agreement without the intervention of the court. The couples work out their legal settlement amongst themselves but still retain legal protection.
In order for a collaborative divorce to work, attorneys and all parties involved have to sign an agreement that everyone must abide by throughout the divorce proceedings.
If for some reason, either spouse wants to contest any issue, the lawyer has to withdraw and can no longer participate in the case.
The Basics of a Collaborative Divorce in Florida
After both spouses and attorneys sign the agreement, there were will be a number of scheduled sessions to discuss topics such as:
- Child custody, visitation, and support
- Distribution of property
- Spousal support
Just like with normal divorce proceedings, a collaborative divorce requires that both parties disclose all pertinent information like assets and finances. If a representing lawyer feels as if his/her client withheld information, they are obligated to inform the other party and withdraw from the process.
Collaborative divorces are rooted in honesty and participating lawyers are viewed as client advocates who are helping their clients work towards a win-win situation when both parties feel as if they’ve been treated fairly and have come to a mutual agreement.
This level of transparency is extremely helpful and necessary to facilitate a process that’s open, honest, and fair for both spouses.
When both parties are forthcoming with their information, it lessens the chance for either to undermine the other and create an issue.
A key component to a successful collaborative divorce is communication between the couple before, during, and after especially if children are involved.
If for some reason, the couple begins to run into issues and are having a difficult time communicating or coming to mutual agreements, counselors, family psychologists, and other facilitators can be brought in to diffuse and get the situation back on track.
If you’re unsure if a collaborative divorce is right for you, one of our skilled attorneys can walk you through the process and find the best solution for your situation. Contact us today.