Understanding collaborative divorce

Our legal system is set up so that it’s largely adversarial. Most court proceedings between adults are organized in a confrontational, argumentative way. When couples in Florida divorce, sometimes they just don’t want to go through that kind of process. Not all people ending their marriage are openly hostile to each other. Today, there are other ways to divorce. Some people opt for mediation in which a neutral third party helps them reach an agreement. Others select collaborative divorce.

The basics of collaborative divorce

In a collaborative divorce, each party is still represented by a lawyer who advocates for them. However, this attorney will have special training in the collaborative divorce process. Both parties will be going in with an openness and willingness to negotiate. Each lawyer will also have their client sign an agreement stating that if they can’t reach a resolution, they need to find new representation.

The benefits of this approach

Collaborative divorce in Florida has a lot of advantages when compared to traditional litigation. It’s usually less expensive, and it can take less time. It requires fewer appearances in court, meaning the participants have more control over the schedule. They’re not at the mercy of an overloaded court calendar. Attempting to reach a settlement collaboratively can also work in your favor with a judge. It shows that you’re willing to work in good faith toward a resolution.

If you’re interested in a collaborative approach to divorce, it’s a good idea to talk to your lawyer. Finding an attorney who understands and supports your goal to have an alternative divorce can make the process much easier. It’s also worth suggesting the concept to your ex-partner. When they understand how much time and money they might save, it’s possible they’ll agree to try.

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