Is the Collaborative Divorce Process Right for Me? (A Checklist You Can Use)

Preparing for a divorce can be stressful. There are a wide range of issues that must be considered, negotiated, and addressed. The collaborative law process can be a highly effective tool for ending a marriage in an orderly, low conflict manner. Under Florida law (Florida Statutes § 61.56(4)), the collaborative law process is designed to allow parties to reach a resolution “without intervention by a tribunal.” In other words, it is a way to resolve your divorce out of court. Here, our Clearwater collaborative divorce attorney provides a checklist that you can use to help determine if the collaborative law process is the right option for you in Florida.

• You Want to Limit Conflict 

One of the core advantages of collaborative law is that it is a fundamentally non-adversarial process. As the name suggests, the collaborative law process is about work together—not as legal combatants.  If your primary goal is to minimize the emotional and psychological stress typically associated with divorce, collaborative divorce may be ideal. The goal is an amicable settlement that effectively protects your rights and interests. 

• You Believe You and Your Spouse Can Work Things Out 

To work effectively, the collaborative process requires a mutual willingness to engage openly and honestly in negotiations. Both parties must be committed to understanding each other’s needs and working together towards solutions that benefit both sides. If you and your spouse can still communicate respectfully and are willing to compromise, collaborative law may be the answer. 

• You Value Your Privacy 

By law in Florida, collaborative law negotiations are privileged. What you and your spouse say within the collaborative law process cannot be used in any subsequent court case. Unlike the standard divorce proceedings which are part of the public record, collaborative divorce allows you to keep the details of your dissolution private. All discussions and negotiations occur in a confidential setting.  

• You Want Some Structure to the Negotiation Process 

Collaborative divorce is not a free-for-all; it is a structured process that involves a series of joint sessions facilitated by trained professionals. Each spouse will retain their own Florida collaborative divorce attorney. With that being said, if the collaborative negotiations do not succeed, the attorneys must withdraw their representation. It keeps the process non-adversarial. 

• You Want Save Time and Money 

When compared to litigation, collaborative law can save a lot of time and a lot of money. Indeed, in many cases, the collaborative process can save money in the long run by avoiding a prolonged court battle. Even divorcing couples with complex or high-conflict cases may be able to find a solution with a collaborative divorce.

Contact Our Clearwater, FL Collaborative Divorce Lawyer today

At the Law Office of Gale H. Moore P.A., our Clearwater collaborative law attorney is committed to helping clients find solutions. If you have any specific questions about the collaborative law process, please do not hesitate to contact our family law team today. We provide collaborative law representation in Clearwater and throughout all of Pinellas County.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.56.html