Collaborative law and the resulting divorce agreement

For those in Florida who have chosen to work together to resolve the details of their divorce, an assumption is often made that the road ahead will be paved with similar good intentions. In reality, however, that is not always the case. Even couples who choose collaborative law as a divorce option can encounter difficulties once the divorce agreement has been signed, sealed and delivered.

The single best way to avoid excessive infringements of a divorce agreement is to know that document inside and out. In many cases, former spouses will stray from the agreement from time to time. This is especially true in cases where parents are sharing custody of their children, and when circumstances call for a degree of flexibility. However, there are many situations where one spouse takes advantage of the good nature of the other, and makes a habit of ignoring the provisions laid out within the divorce agreement.

When that takes place, the party that is being wronged must decide whether to force the issue. Understanding the ins and outs of the divorce agreement can make it far easier to put one’s foot down and insist that things return to the agreed-upon conditions. The other party may not be pleased with such a turn of events, but it will be very difficult to refuse to comply.

Some ex spouses believe that when a pattern of non-compliance with a divorce agreement has been established, a precedent has been set that will be allowed to continue. This, however, is not the case. The courts will uphold the terms of a divorce agreement if called upon to do so. That is the last resort for most Florida residents, especially those who choose collaborative law as a divorce approach. If there is no other option, however, returning to court can restore the terms of the initial agreement.

Source: The Huffington Post, “You & Your Divorce Settlement Agreement- BFFs“, Al Corona, July 12, 2016

FindLaw Network
The Florida Bar | Board Certified
Super Lawyers
Peer Review Rated For Ethical Standards & Legal Ability | AV Preeminent | Martindale-Hubbell from LexisNexis 2020
AFLP | Association of Family Law Professionals
Bar Register | Preeminent Lawyers | 2020 Martindale-Hubbell