There is a perception that most Florida divorces are contentious because couples disagree about every issue. While that might be true in some cases, it is not set in stone that the parties will have endless acrimony. Often, it is possible to find common ground. Divorce might even be relatively amicable. In situations where negotiation might be fruitful, couples may benefit from the collaborative divorce process.
Key factors about collaborative divorce
When considering collaborative divorce, it is wise to understand the basics beforehand. This process puts an emphasis on discussion. A legal professional with experience in collaborative law will represent each side during meetings to discuss the goals. Every facet of a divorce, including child custody, child support, parenting time, alimony and property division, can be part of a collaborative case. It is not an adversarial process as a court case might be. To help with negotiations, there can be financial, psychological and other types of specialists brought in as advisers. This can yield positive results by showing both sides the benefits of a settlement that suits their needs.
With collaborative divorce, the parties can come to a temporary agreement, share information on a voluntary basis, agree on the legal procedures that would otherwise delay the process in court, discuss the lingering issues and try to find common ground, and agree on any challenges that arise after the divorce is completed. In cases where there is no agreement, the divorce will likely need to proceed to court. It might then be necessary to get legal advice that focuses on more contentious divorces.
Knowing the details of collaborative divorce is key
Divorce can be an expensive and emotionally draining process. Collaborative divorce could avoid the negative impact of a hard-fought case. It also gives both sides a say in resolving disagreements. When there are limited areas in dispute and the foundation is in place for the couple to negotiate with flexibility, then it might be a constructive step to use the collaborative process.