Family legal issues have not changed much in Florida during the past decade. However, the development of collaborative family law is probably the most dramatic of the changes that have occurred. Offering a non-adversarial process wherein you and your spouse cooperate with a group of professionals to resolve your differences with respect and in private, collaborative divorce is the pinnacle of this new concept in family law.
It begins with both clients and all family members signing a binding agreement that states that they commit to resolve all of their issues without going to court. If they cannot, the attorneys are required to exit the process and not return. This creates the necessary financial motive for the attorneys to keep the process as conflict-free as possible. Without this cornerstone agreement, the rest of the process would rarely work its way to a positive resolution.
The great advantage of collaborative divorce lies in the power of the aforementioned group of experts; neutral, jointly retained individuals who have expertise relevant to the divorce process, such as valuating goods and child psychology. By assisting both parties, they help assure that the settlement ends up in the best interests of all family members. Instead of coming in as adversaries intending to prove a point, they come in as advisors intending to create the most harmonious and balanced divorce settlement possible.
The Collaborative Divorce Process
- First, you will meet with a collaborative divorce attorney; and most likely refer your spouse to a similar attorney. These two attorneys should have entirely separate practices to ensure no behind-the-scenes collaboration, and each of you should feel comfortable putting your full faith and trust in your respective attorneys.
- Next, you will be introduced to the collaborative team of experts that will help you through the decisions required by the divorce process, and everyone involved will sign the aforementioned cornerstone agreement.
- Should either spouse at any point evince fear, frustration, anger, or an inability to communicate, their attorney will likely request that a facilitator be added to the team (if one is not already present).
- Each issue is resolved within a session that includes the clients, the attorneys, and the other experts (as needed). The primary goal is an amicable divorce; the secondary goal is an efficient one (as spending unnecessary time and money is expensive for both spouses). The group dedicates themselves to reaching a settlement that takes the goals and values of all family members into account.
The vast majority of families that agree to a collaborative divorce achieve settlements that both parties are content with. This saves each spouse a vast amount of time, money and stress, making it a clear win-win for all parties involved.