Not all Florida divorces are contentious. For some couples, negotiation is possible and they can avoid the time, cost and emotional ramifications of an acrimonious case. In these situations, it might be wise to consider the collaborative law process.
The collaborative law process is meant to avoid the common pitfalls that are part of many divorces. The two sides try to forge solutions together, be flexible and negotiate outstanding issues.
They must first sign an agreement to take part in this process. No one is obligated to take part in collaborative law. It is done entirely by choice.
When the parties use this option, there are three ways in which it can end: it can resolve all matters and they sign an agreement; they can partially resolve the issues in the case and sign an agreement with the knowledge that other considerations must be handled by the court; or they end the process without an agreement. Typically, each side’s attorney pledges to reach resolution to the case through collaborative law; if they can’t, they must resign from the case. This gives both sides greater incentive to reach agreement.
Either side can say they wish to end the collaborative law process. They can also agree to a proceeding connected to matters that were being negotiated. The court can take part in a conference about the proceeding.
A good fit for some
Even if there is a vast portfolio, bank accounts, real estate and other high-end items from the marriage, it does not necessarily mean the parties cannot use the collaborative law process to end their marriage in a reasonable way.
It is a private discussion between the parties – with legal representation – in which they can try to meet on common ground. For example, they could agree on child custody, parenting time, alimony and property division. Knowing how the process works and gauging whether it is feasible is useful and qualified advice is key.
