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Fort Myers Florida Family Law Legal Blog

Collaborative divorce and the benefits it can offer

On Behalf of | Jun 30, 2021 | Collaborative Law, Divorce |

When a marriage fails, it does not mean it will be filled with animosity. While there may be several issues to resolve, it is possible for divorcing spouses to work together to reach a final divorce agreement. Moving through the process, however, may be a challenge. Thus, it may be helpful to explore a collaborative divorce.

What is collaborative divorce

A collaborative divorce is different from a typical divorce that is litigated. This is a form of alternative dispute resolution, and its goal is to resolve a divorce through collaboration. In other words, this process relies on its participants being committed to working together to reach a resolution for all related divorce issues, such as support, custody and property division.

This process is commenced in a constructive and reasoned atmosphere. Thus, both parties must feel comfortable in the space and should occur at a time that is convenient and conducive for both spouses. Once the spouses agree to the process, a written agreement will be entered into, which is a document that states that they both promise to use good faith and fairness when negotiating a resolution. It should be noted, however, that both spouses will likely be represented by an attorney, and their role is to help them navigate the process and understand their rights.

Benefits of collaborative divorce

While the biggest benefit would be providing a cooperative approach to resolve a divorce matter, there are a number of benefits this process can offer couples deciding to complete a divorce though the collaborative law process. In most cases, a collaborative divorce allows for a quick and less expensive divorce when compared to litigating the matter. However, the opposite could occur if the parties are unable to complete the process and pursue litigation to complete the divorce.

Divorce is difficult. It is emotional and presents many challenges and major decisions to make. Nonetheless, it does not need to be a life event that harms the two spouses parting ways. If working together to reach a resolution is possible, a collaborative divorce may be a beneficial step to take.