What is the Collaborative Divorce Process?

What is Collaborative Law?

Collaborative Law is a process that enables divorcing couples, as well as couples in other family law disputes, to reach agreements and resolve their differences in a respectful and productive way; without “fighting it out” in court, with the assistance of collaborative family lawyers.

When people think of divorce, they may often imagine a contentious couple battling it out in the courtroom. However, many divorcing couples are able to handle all of their matters without the need for litigation. This can be accomplished through negotiations, mediation, and other alternative dispute resolution tactics, and this can save a couple time, energy, money, and stress.

One option for couples in Florida who wish to stay out of a court is to have a collaborative divorce. In a collaborative divorce, both spouses and their respective lawyers agree to avoid litigation and come to a settlement agreement without court intervention. All of the parties and lawyers must sign this agreement and must adhere to it throughout the entire divorce process. If either party attempts to litigate any matter, the lawyer must withdraw and may no longer participate in the case.

The Collaborative Divorce Process

If a couple decides to pursue a collaborative divorce, they should each select an experienced collaborative family lawyer to have on their side. After the agreement is signed, the couple and their lawyers will have several sessions together to discuss important matter such as:

•     Child Custody and Visitation;
•     Child Support;
•     Property Distribution and
•     Spousal Support.

 In a collaborative divorce, both spouses must disclose everything and be completely transparent. This keeps the process very open and gives both spouses a greater degree of control over the settlement and their future. This also keeps spouses from going behind one another’s backs or using deceptive tactics to get what they want. The hope is that this transparency will minimize resentment and keep good communication between the couple following the divorce, especially if they have to continue to communicate regarding children or other matters.

If the couple is having a difficult time getting along or communicating, other professionals may be brought in to assist with the process. Such professionals may include counsellors, family psychologists, or other facilitators or experts. Additionally, throughout the process, the lawyers will use tactics and strategies to encourage cooperation and discourage confrontation.

Many couples find that alternative dispute resolutions such as collaborative divorce make the divorce process less painful. However, couples should be realistic when considering their options. If they strongly believe that they will not be able to come to an agreement, litigation may be the only option. A collaborative family lawyer can help you decide what option is best for you and your particular situation.

Contact a Collaborative Family Lawyer for Help

Divorce is never easy, though an experienced and dedicated collaborative family lawyer can help walk you through every step of the process and make it as harmless as possible. Whether or not you and your spouse can come to an agreement out of court, it is always important to have a lawyer who will provide zealous representation. Such lawyers can be found in reputable firms like The McKinney Law Group. Reach out and get the help you need today.