How does the collaborative divorce process work in Florida?

A collaborative divorce is a unique approach to ending a marriage that aims to reduce the stress and conflict often associated with traditional divorce proceedings. In Florida, collaborative divorce is a popular option for couples seeking to dissolve their marriage without the added stress of litigation. Here, we’ll explore how the collaborative divorce process works in Florida and how it can benefit couples seeking to end their marriage amicably.  

The Collaborative Divorce Process

A collaborative divorce process is an out-of-court approach to divorce that allows couples to work together to create a mutually agreeable settlement. In Florida, collaborative divorce is governed by Florida Statutes § 61.56-61.583. Unlike traditional divorce, the collaborative process is not adversarial and relies on cooperation, communication, and compromise.

1. The Initial Meeting

The collaborative divorce process begins with an initial meeting between the couple and their attorneys. During this meeting, the couple will sign a collaborative divorce agreement, which outlines the terms and conditions of the collaborative process. The agreement stipulates that the couple and their attorneys will work together to reach a settlement outside of court.

2. The Collaborative Team

Once the agreement has been signed, the couple and their attorneys will assemble a collaborative team, which may include divorce coaches, financial professionals, and other experts as needed. The collaborative team will work together to identify and address the needs of both parties and create a mutually acceptable settlement.

3. The Information Gathering Stage

The collaborative team will then enter into an information-gathering stage. During this stage, the couple and their attorneys will exchange information and documents relevant to the divorce. This may include financial statements, tax returns, and other relevant information.

4. The Negotiation Stage

Once all relevant information has been gathered, the couple and their attorneys will enter into a negotiation stage. During this stage, the couple will work with the collaborative team to identify and prioritize their goals and interests. They will then negotiate a settlement that meets the needs of both parties.

5. The Final Agreement

Once a settlement has been reached, the couple and their attorneys will draft a final agreement. This agreement will outline the terms and conditions of the settlement, including property division, spousal support, child support, and child custody. Once the final agreement has been signed by both parties, it will be presented to the court for approval.

Benefits of Collaborative Divorce in Florida

Collaborative divorce offers several benefits for couples seeking to end their marriage amicably. These benefits include:

1. Lower Costs

Collaborative divorce can be less expensive than traditional divorce because it does not involve costly court proceedings. The collaborative process can also be more efficient because it allows the couple to work together to create a settlement without the added costs of litigation.

2. Lower Stress

The collaborative divorce process reduces stress and conflict by encouraging cooperation, communication, and compromise. This can help reduce the emotional toll of divorce and create a more peaceful transition for both parties.

3. Less Damage to the Fabric of the Family

Collaborative divorce can help preserve the fabric of the family by promoting cooperation and communication. By working together to create a mutually acceptable settlement, the couple can reduce the negative impact of divorce on themselves and their children.

Examples

Here are some examples of how the collaborative divorce process can work in practice:

1. John and Jane have decided to end their marriage. They have two children and are concerned about how the divorce will impact their children. They have decided to pursue a collaborative divorce and have assembled a collaborative team, which includes a divorce coach and a child specialist. The collaborative team works together to create a child-centered settlement that meets the needs of both parents and their children.
2. Mark and Maria have been married for 15 years and have accumulated significant assets during their marriage.Mark and Maria continued to work through the collaborative process with their attorneys’ and other professionals’ assistance. They were able to come to an agreement on all of the important issues, including property division, child custody, and support. They felt empowered and in control of the process, which helped them to maintain a respectful and cooperative relationship even after their divorce was finalized.Ultimately, Mark and Maria could avoid the costly and contentious court battles that often accompany traditional divorce. They maintained their dignity and privacy throughout the process, and their children avoided the emotional turmoil that could come with a combative divorce. With the help of the collaborative process, Mark and Maria were able to move on with their lives in a positive and productive way.

Conclusion

In conclusion, a collaborative divorce is a viable option for couples seeking a more peaceful and amicable way to end their marriage. It allows couples to work together to find mutually acceptable solutions without the need for expensive and stressful court battles. Collaborative divorce offers many benefits, including lower costs, lower stress, and a smoother family transition. If you’re considering divorce in Florida, speak with a collaborative divorce attorney to explore your options and determine if it’s the right choice for you. With the help of a skilled collaborative divorce team, you can navigate this difficult time and come out on the other side with a positive and healthy new beginning.