Know When Collaborative Divorce Is Right For You & Your Family
At The Law Firm for Family Law, our Clearwater, Florida Certified collaborative divorce attorney describes the process to spouses in simple terms, so each of our clients who are interested in a cooperative and mutually beneficial divorce is able to take advantage of our Florida law: The Collaborative Law Process Act.
Since it went into effect on July 1, 2017, the Act has allowed a collaborative divorce to be achieved through the combined negotiations of both spouses to include the supporting matters that often become contentious during a traditional path to marriage dissolution.
How Does Collaborative Divorce Work in the State of Florida?
Collaborative divorce in Clearwater and throughout the State of Florida is a legal method of resolving spousal differences through voluntary settlement negotiations, instead of litigating the details in court.
First, both spouses retain a collaborative divorce attorney whose involvement will help their client outline the collaborative requirements necessary to proceed with the divorce agreement while protecting their rights during the process.
The collaborative divorce agreement:
- Prohibits litigation of the divorce
- Outlines the rules of conduct, which includes both spouses agreeing to negotiate in a civil manner
- Lists the issues to be resolved, including the major decisions regarding, where applicable:
- Child custody, including parenting plans and time sharing
- Child support
- Equitable distribution of assets and debts
- Parentage and paternity
- Parental relocation with a child
- Premarital and postnuptial agreements
- Spousal support
- Allows professionals, including child custody specialists, mental health experts, accountants, or other trusted individuals to join the process
Next, collaborative divorce requires both parties to negotiate through a successful and final resolution. Only after an agreed settlement is reached is the matter filed with the court.
Finally, it is important to understand that if either spouse ignores the collaborative divorce agreement process, or instead wishes to pursue their dissolution of marriage through litigation, they must hire new attorneys to do so. Your collaborative divorce attorney may not represent you through litigation should the collaborative divorce agreement process fail.
Why Would Florida Spouses Pursue Collaborative Divorces Instead of Traditional Divorces?
Spouses who pursue a collaborative divorce in Florida are often in agreement that it is time to end their marriage and know what they want from its conclusion. Even more often, they recognize the importance of continuing a respectful post-divorce relationship with each other.
Other benefits of collaborative divorce can include, but are not limited to:
- Minimizing conflict throughout the process
- Speeding up the divorce proceeding
- Lessening the expense of alternatively ending the marriage
- Limiting the amount of personal information filed in the public record, thereby maintaining confidentiality regarding the terms of the agreement
No matter why you and your spouse are considering a collaborative divorce, it is important that you contact an accomplished attorney, like Gary E. Williams. Our Clearwater, Florida divorce attorney is a Board Certified Expert in Marital and Family Law, a Certified Divorce Financial Analyst, and a Board Certified Advocate who will walk you through the legal process that will allow the best outcome available for your unique marital circumstances. If you are interested in learning more about collaborative divorce, contact our office at (727) 619-1341 today to schedule a confidential consultation.