Is the Collaborative Divorce Process Right for Your Family?

Ending a marriage is emotionally, financially, and legally complicated. Fortunately, there are low-conflict methods that can help couples get through his process much more easily. Collaborative divorce, for instance, is one way that couples can resolve their divorces in an out-of-court setting. We’ve included a brief checklist to help you determine whether collaborative divorce could be right for you.

Do You Want to Limit Conflict With Your Spouse? 

One of the biggest advantages of collaborative divorce is that it is a non-adversarial process that is about working together and not facing each other as legal opponents. If you and your spouse are both focused on minimizing the stress that so often accompanies ending a marriage, then collaborative divorce could be ideal for your family. The goal of this process is to help couples reach an amicable settlement that protects both parties rights and interests.

Can You and Your Partner Work Together? 

In order to be effective, the collaborative divorce process requires that all parties be willing to engage in honest negotiations. Both spouses will need to be committed to taking the other’s needs into account and trying to reach a solution that benefits not just their own position, but their spouse’s as well. If you and your spouse are still communicating respectfully and have an amicable relationship, then there’s a good chance that collaborative divorce could work for you.

Do You Value Your Privacy? 

Under Florida law, all communications that take place during the collaborative divorce process are considered confidential. This means that anything said during collaborative divorce negotiations can’t be used in court. Standard divorce proceedings, on the other hand, are part of the public record, so anyone can access them. If you and your spouse want to keep the details of your divorce private, you may want to consider opting for a collaborative divorce rather than a standard divorce.

Do You Want More Structure During Your Divorce Negotiations? 

Collaborative divorce is a structured process with strict rules involving a series of joint negotiations facilitated by professionals. Each party will also be represented by their own attorney, who can help ensure that their client’s interests are represented. This structure (and the involvement of attorneys and specialists) can be helpful in keeping negotiations going smoothly, so that couples don’t end up in court.

Do You Want to Save Time? 

Compared to litigation, collaborative divorce can end up saving couples not only a lot of money, but a lot of time as well. Couples who engage in structured negotiations can avoid a drawn-out court battle and instead find a solution to their divorce-related issues on their own. Litigating a divorce can take over a year, while a collaborative-based resolution can be achieved in as little as a few months.

Contact a Clearwater Divorce Lawyer 

At Cairns Law, our experienced Clearwater divorce attorneys can walk you through the process of collaborative divorce. For help determining whether this process could be right for your family, please call our office at 727-683-1472 today.

Sources: 

floridabar.org/the-florida-bar-journal/the-collaborative-law-process-rules-this-is-how-we-do-it/

flcourts.gov/content/download/862614/file/2023-01%20AAML%20-%20Collaborative%20Law%20Outline.pdf