What Are the Potential Benefits of a Collaborative Divorce?
- Mutually agreed upon settlement
- Atmosphere of cooperation
- Anxiety reduction
- Retaining control of the settlement process
- No adversarial environment
- Greater privacy and confidentiality
- Savings of time and of money
What Happens if Settlement Cannot be Reached?
Both lawyers must withdraw from the case. This is one of the biggest "cons" of a true collaborative divorce process, is the fact that if the parties are unable to reach an agreement through the collaborative divorce process, the parties must start over in a standard divorce process. The collaborative attorneys are prohibited from representing either party (or serving as a mediator for the parties) in dissolution proceedings. The reasoning behind this "rule" is that because of the collaborative process, each party and their attorney knows the facts of the case and the particular wants and needs of the opposing party.
How Do I Start a Collaborative Law Process?
Share this information with your spouse and encourage him or her to also hire an attorney who is familiar with and committed to the collaborative law process. The attorneys can then confer and schedule the first four-way meeting to review your situation and sign a participation agreement if the collaborative approach is appropriate for your case.
My Spouse Has Already Initiated a Legal Proceeding. Is It Still Possible For Us To Use The Collaborative Law Process?
Yes. If your spouse's lawyer will agree to utilize the collaborative law process, the action can be dismissed or abated.
Who Is a Collaborative Family Lawyer?
In Florida, a collaborative family lawyer is a member in good standing of The Florida Bar who is committed to the process of dissolving marriages and resolving family law matters through non-litigation alternatives. Attorneys who practice collaborative divorce have received training on the collaborative process and the techniques required to help both parties reach a settlement. Usually, a collaborative divorce attorney will not choose to participate in a collaborative divorce if the opposing attorney is not trained in collaborative law/divorce.
Many divorces require the use of experts, and some attorneys (including myself) agree that in Collaborative Divorce, both sides should use one expert as opposed to two. This greatly reduces the overall cost and leaves the client in a healthier financial state. Collaborative attorneys are usually trained in reducing conflict and working cooperatively with non-confrontational strategies. Another advantage of Collaborative Law is that discovery (the exchange of information) occurs much faster. Parties agree, as part of the process, that they will make full and timely disclosure of all relevant information. This eliminates the possibility that one side will bombard the other with paper after paper.
Collaborative Divorce Is Not For Everyone Because...
While I am a whole-hearted believer in the collaborative divorce process, collaborative divorce is not for everyone. For example, collaborative divorce only works if both attorneys are properly trained in collaborative divorce techniques, if there is no history of domestic violence between the parties, both parties can trust the other party, both parties understand how collaborative divorce works, and each party agrees follow the rules. Further, in a true collaborative divorce, if the parties are unable to reach a settlement in the collaborative process, both parties must retain new attorneys and start over. Their collaborative attorneys cannot represent or serve as a mediator to either party during future divorce proceedings.
Domestic Violence
If there is a history of domestic violence between the parties, collaborative divorce may not appropriate. The collaborative divorce process is based upon an even power distribution between the parties. Domestic violence indicates an unequal bargaining position of one of the parties. Therefore, domestic violence may potentially eliminates parties from the collaborative divorce process.
Trust Opposing Party
Similar to domestic violence, the parties must trust each other throughout the process. If the parties cannot trust each other, there is unequal bargaining power and the collaborative process is not appropriate.
Understand and Become Dedicated to the Process
Both parties must understand how the entire collaborative law process works from start to finish. Both parties must be dedicated to the process. The collaborative process includes several meetings between the parties and their respective counsel. Each party and their attorney must be dedicated to the process and the meetings.
The collaborative divorce process can be beneficial to both parties; however, the above listed items must be considered before the process is undertaken to ensure the collaborative process and the collaborative divorce attorney is a good fit for your unique situation.
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