Collaborative divorce is an alternative to the traditional courtroom battle. It allows couples to work together, rather than against each other, to end their marriage respectfully and with minimal stress. In Florida, collaborative (or cooperative) divorce continues to grow in popularity due to its focus on problem-solving instead of litigation.
What is it?
In a collaborative divorce, the first step is that each spouse must find their own attorney, not just any attorney, though, an attorney that is trained and who understands collaborative law. The last thing you want is a firebrand, litigation attorney that is just itching for a protracted legal battle. Alongside them, neutral professionals, like financial planners and mental health experts, help guide the conversation. The aim? Find workable solutions for issues like asset division, parenting time and support, without stepping into a courtroom.
Starting the process
Getting started requires both parties to commit to collaboration. They sign a participation agreement that outlines expectations and the shared goal of reaching a resolution outside of court. From there, meetings are held in a private setting where everyone, spouses, lawyers and neutral professionals, comes together to craft tailored solutions.
Because everyone is on the same page from the start, negotiations often proceed more smoothly. Once an agreement is reached, it is submitted to the court for approval, typically as an uncontested matter.
The benefits for families
There is a lot to like about the collaborative approach. It is usually faster and more affordable than a traditional divorce. The process is private, sparing families the exposure of public courtrooms. And, perhaps, most importantly, it helps preserve respectful relationships, something that can make a world of difference when children are involved. Collaborative divorce will not fit every situation, but for many Florida families, it offers a calm, cooperative path forward.
