Do We Share a Lawyer During a Collaborative Divorce in Florida?
While going through a divorce is always challenging, it does not have to be a nasty fight. Florida’s collaborative law process is designed to help couples resolve their issues in a confidential, non-combative manner. You may be wondering: Will we share a lawyer during a collaborative divorce? The answer is “no”—but you will share certain expenses and your legal advocate does play a unique role. Here, our Clearwater collaborative divorce attorney provides a more comprehensive overview of the process in Florida.
Know the Basics: Collaborative Divorce is a Non-Adversarial Process
A collaborative divorce in Florida is designed as a non-adversarial process that aims to minimize conflict and promote a cooperative approach to ending a marriage (Florida Statutes § 61.56). Unlike traditional divorce proceedings, collaborative divorce encourages couples to work together, with the help of their lawyers and other professionals, to reach a mutually beneficial agreement.
You and Your Spouse Will Not Share a Lawyer During the Collaborative Divorce Process
Each party to a collaborative divorce in Florida must be represented by his or her own attorney. It is crucial to understand that in a collaborative divorce, you and your spouse will not share a lawyer. Instead, you should each have your own attorney who is trained in the collaborative process. Your lawyer acts as an advocate, provides legal advice, and offers support throughout the negotiations. The role of a collaborative divorce lawyer is to ensure their client’s interests are represented fairly while working with the other party towards a settlement agreement.
You and Your Spouse Can Share Experts During a Collaborative Divorce
In some cases, expert support is required to get a divorce settlement. It could be a financial expert, such as a forensic accountant, or a child custody expert, such as a child psychologist. While you and your spouse will each have your own lawyers, you can share experts during the collaborative divorce process. By sharing experts, both parties can reduce costs and benefit from a unified approach. Sharing experts can save a significant amount of money.
Both Lawyers Must Withdraw Representation if Divorce Litigation is Required
A fundamental principle of the collaborative divorce process is that if negotiations break down and litigation becomes necessary, which is certainly not the ideal outcome, both lawyers must withdraw from representing their clients. The rule emphasizes the commitment to reaching an agreement out of court and encourages all parties to stay engaged in the collaborative process. In other words, you always have the right to leave the collaborative law process without a settlement, but you will need to obtain a different lawyer for the rest of your case.
Contact Our Clearwater Collaborative Divorce Attorney Today
At the Law Office of Gale H. Moore P.A., our Florida collaborative law attorney is an experienced advocate for clients. If you have specific questions about collaborative divorce, we are here to help. Contact our family law team for a completely confidential initial case review. With a law office in Largo, we provide collaborative divorce services in Clearwater, Pinellas County, and beyond.
