We Hit a Stumbling Block in the Collaborative Divorce Process: What Now?
Florida’s collaborative divorce process sets up a structured, confidential, and low-conflict environment that is designed to allow spouses to work together to find the best solution. It is a great option for many divorcing couples. With that being said, it is not guaranteed to be smooth. Obstacles can arise. At the Law Office of Gale H. Moore P.A., we help clients overcome hurdles in divorce and other family law cases. Here, our Clearwater collaborative law attorney provides an overview of the options for pushing through a stumbling block in Florida’s collaborative divorce process.
Option #1: Take a Breath, Regroup, and Try Again
First and foremost, it is important to emphasize that stumbling blocks are normal in the divorce process—even in a collaborative divorce. Hitting one is by no means the end of the road. All progress does not have to be lost. In a divorce in Florida, emotions can run high—and for that reason it is essential to take a step back, breathe, and reassess the situation. Both parties should reflect on their goals, revisit the issues at hand, and consider whether a compromise is possible. A temporary pause can provide much-needed clarity. In many divorce cases, a break is actually the best strategy for overcoming a stumbling block.
Option #2: Bring in Additional Expert(s) With Specialized Knowledge/Expertise
If a particular issue is creating an impasse in the divorce process, it may be time to bring an additional expert to the table. These could include financial experts, child psychologists, or specialized mediators with expertise in high-conflict situations. For example, a forensic accountant can clarify complex financial matters. In Florida, the collaborative divorce process allows flexibility in incorporating outside professionals to help facilitate informed and productive decision-making. Remember the parties share experts. Not only does this help to keep costs down, it ensures that expert guidance is independent.
Option #3: Withdraw From the Collaborative Divorce Process and Prepare for Litigation
The final option to overcome a stumbling block in the collaborative divorce process is to leave it. It is a drastic measure—and relatively uncommon in collaborative divorce cases—but it is an option that you have available. Notably withdrawing from collaboration means hiring new legal representation. Under Florida law (Florida Statutes § 61.57), neither spouse can be represented by his or her collaborative attorney in any future divorce litigation. It is always best to try other options before withdrawing from a collaborative divorce. However, if there is an impasse that simply cannot be resolved, it may be the right path forward.
Speak to a Collaborative Divorce Attorney in Pinellas County, FL
At the Law Office of Gale H. Moore P.A., our Florida collaborative divorce lawyer is standing by, ready to help you find the best solution. Do you want more information about the collaborative law process? We are more than ready to help. Contact us now for your fully confidential, no obligation case review. Our firm provides collaborative divorce representation all across Pinellas County.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.57.html
