It’s certainly no secret that divorce has the potential to bring out the worst in people, resulting in hurt feelings and ugly court battles. However, divorce isn’t always a contentious, adversarial concept for many Florida couples. If you and your soon-to-be ex agree that your marriage simply isn’t working anymore, collaborative divorce is a viable option.
What is collaborative divorce?
Collaborative divorce is a term that refers to the process of dissolving a marriage without going through the disputes that typically take place in a courtroom. Even if you and your ex each hire an attorney to represent you during your divorce, taking a collaborative approach to the process means you agree not to pursue litigation. Instead of relying on a judge to decide your divorce case, collaborative divorce involves mediation and negotiation that allows you to avoid court-ordered mandates about your divorce.
How does collaborative divorce work?
Collaborative divorce requires you and your ex to agree to not being litigious during your divorce. Once that agreement is in place, the process goes like this:
- Each party chooses an attorney who supports mediation instead of litigation.
- Each party signs a “no court” agreement. Family law mediation and collaborative law require both attorneys to recuse themselves if either party pursues litigation.
- Each party meets privately with their attorney to express what they want from the divorce.
- Both parties and their attorneys meet, usually multiple times, to negotiate the divorce details.
- File the papers with the local court to finalize the divorce agreement reached by you and your ex.
Benefits of collaborative divorce
The primary benefits of collaborative divorce involve how they allow you to save time and money. Many choose this path because it gives them more control over their divorces.
While divorce has the potential to take an ugly turn, it doesn’t have to. There are many reasons for people to end their marriages, and many of them allow both parties to work together to finalize the details.