Why is Florida’s Collaborative Divorce Process Special?
Are you preparing for a divorce in Florida? Similar to most people, you probably want to get through the process without serious conflict or expense. Florida has a comprehensive collaborative divorce law (Florida Statutes § 61.57). Collaborative divorce is different from other amicable options for ending a marriage, such as mediation. Here, our Clearwater collaborative divorce attorney highlights four key reasons why Florida’s collaborative divorce process is special.
Collaborative Divorce in Florida Requires a Participation Agreement
When you use Florida’s collaborative law process for your divorce, you and your spouse will be required to sign a participation agreement. The document—which is legally binding—sets the tone for the entire process. Among other things, it will outline the commitments and expectations of both spouses and their attorneys. Further, the collaborative law participation agreement requires all parties to engage in open communication, full disclosure of relevant information, and a pledge not to litigate. It is the framework that fosters a cooperative environment for the divorce.
Parties to a Collaborative Divorce Always Share the Costs of Experts
You may need experts for your divorce case. It could be a financial expert, a child psychology expert, or another type of skilled expert. The cost of experts can add up quickly—especially so if each spouse gets their own expert for each issue. With the collaborative divorce process, you can always share the costs of expert witnesses. Sharing costs ensures that both parties have equal access to professional support—without breaking the bank on costs.
Florida’s Collaborative Divorce Process is Strictly Confidential
No person wants the intimate details of their divorce to end up in public. A confidential setting allows you and your spouse to have transparent, open discussions about your relationship, your finances, and your children. Confidentiality is a cornerstone of Florida’s collaborative divorce process. All discussions, negotiations, and disclosed information remain private and cannot be used as evidence in court if the collaborative process ends without a settlement. Confidentiality protections are strict.
Each Spouse has a Lawyer—But Must Withdraw Representation if the Process Does Not Work
Mediation can be an amicable way to resolve a divorce. However, there is no statutory rule that requires your lawyer to withdraw representation if mediation does not succeed. Collaborative law is different. In Florida’s collaborative divorce, each spouse is represented by their own specially trained attorney committed to a non-adversarial approach. A unique aspect of this process is the requirement that if either party decides to take the dispute to court, both attorneys must withdraw from the case. The “no court” agreement incentivizes all parties to fully invest in reaching a collaborative settlement.
Contact Our Clearwater Collaborative Divorce Lawyer
At the Law Office of Gale H. Moore P.A., our Florida collaborative divorce attorney is a compassionate, experienced, and solutions-forward advocate for justice. Have questions about the collaborative law process? We are here as a family law resource. Contact our family law firm today for a confidential consultation. With a law office in Largo, we provide collaborative divorce representation in Clearwater, Pinellas County and throughout the region.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.57.html
