Collaborative divorce is when both parties work together to resolve their differences without the lengthy, costly, and combative process of divorce litigation. In Florida, collaborative divorce gives the parties more control over the divorce and allows them to customize the marital settlement to fit their specific needs. Rather than having a judge dictate the terms of the divorce, the parties work together to develop a comprehensive marital settlement agreement. If you and your spouse still have a friendly relationship you may want to consider a collaborative divorce, rather than the traditional contested divorce. Contact us today to speak with a Tampa divorce lawyer to learn more about collaborative divorce and other forms of marriage dissolution in Florida.
The Collaborative Divorce Process:
Collaborative divorce helps a couple preserve amicable relationships, avoid litigation, and maintain control over the divorce by negotiating the terms of the separation together. Before negotiations begin, both the couple and their attorneys enter into a participation agreement where they agree to cooperate with each other to reach a fair settlement. Under the participation agreement, both parties agree to disclose all relevant information and cooperate with each other to resolve all issues of the divorce, including property division, child custody, child support, and alimony. The negotiations can be done by utilizing settlement conferences, informal discussions, expert opinions, and other forms of litigation alternatives.
In collaborative divorce cases in Florida, attorneys work together to settle the case rather than battling each other and preparing for litigation in court. Under the participation agreement, if negotiations break down each party will be required to find a new attorney. The attorney you hired for your collaborative divorce must withdraw from the case and cannot represent either party if the case proceeds to litigation in court.
Collaborative divorce is different than both mediation and uncontested divorce. In collaborative divorce, unlike mediation proceedings, there is no mediator providing recommendations or spurring negotiations. Instead, each party’s attorney will work together to provide solutions. There is much more cooperation between the parties in collaborative divorce than there is in mediation. In uncontested divorce proceedings, the couple is already in agreement on most of the issues and does not need extensive negotiation to finalize the terms of the marriage dissolution. In addition, if negotiations fail and the couple proceeds to court, the attorneys who managed the uncontested divorce can continue to represent their client in the contested divorce proceedings and will not be required to withdraw from the case.
Consult With A Tampa Divorce Lawyer About a Collaborative Divorce
Every divorce is different, and our vast experience allows us to cater our services to each client’s specific situation. Whether a couple mutually agrees to the terms of a divorce, or are engaged in a fierce battle for their property and child custody rights, Florida Law Advisers, P.A., can help.
If you are looking to work with an experienced Tampa divorce law firm that is committed to resolving your case in a stress free and cost effective manner call us to today. Our professional legal team is passionate about protecting a spouse’s rights in divorce cases. When you work with a Tampa divorce attorney at our firm, you can count on the support you deserve, as well as strong advocacy of your rights in these important matters.
Frequently Asked Questions
Collaborative divorce is when both parties work together to resolve their differences without litigation. In Florida, collaborative divorce gives the parties more control over the divorce and allows them to customize the marital settlement to fit their specific needs.
Typically, in a collaborative divorce there is no mediator. Instead, the parties and their attorneys work together to negotiate terms. A mediator is an independent, third-party designed to help parties negotiate. In collaborative divorces, a mediator can be used but is generally avoided to help reduce costs.
Both parties must agree to a collaborative divorce. Before negotiations begin, both the spouses and their attorneys enter into a participation agreement. Under the participation agreement, both parties agree to disclose all relevant information and cooperate with each other to resolve all the issues in the divorce.
Yes, a collaborative divorce can be much quicker than a contested divorce. A collaborative divorce avoids litigation and court hearings, which can slow down a divorce case. Instead of waiting for a judge, the parties work on their own schedule to resolve the case.