Is Florida’s Collaborative Divorce Process the Right Fit?
There are multiple ways to resolve financial and legal issues in divorce, and you will probably be happy to learn that not all of them involve a heated battle in court. Several options concentrate on different ways to reach agreement on divorce issues, including informal settlement discussions and mediation. However, you might consider whether to take advantage of Florida’s Collaborative Law Process Act. This statute provides a process for agreeing on divorce matters through a series of discussions with your respective collaborative divorce attorneys.
Collaborative law allows you to avoid divorce court and enjoy certainty in the outcome, but there are some rules to know. Discussions are confidential, and you cannot use the same lawyer if you go to court. You will need to weigh the pros and cons to determine if this process is right, and a Dade City collaborative divorce attorney can provide guidance. Plus, there are some questions to ask yourself as you deliberate your options.
What is your approach to divorce? If either spouse is determined to win and/or carry a personal vendetta into collaborative divorce, the process will not be successful. You cannot approach collaboration with a mindset that you are entitled to certain outcomes in divorce. Collaborative divorce is about identifying and discussing issues, and then finding solutions that suit the needs of the parties and children. The end result is an agreement on property division, alimony, and child custody and support.
Can you see eye-to-eye on financial matters? Some of the most heated disputes in a divorce case are related to the parties’ finances, so you should consider whether strong feelings about these topics would hinder collaboration. Fortunately, the process allows for experts and financial specialists to participate. Insight from these professionals helps parties understand and evaluate their situation, so they find equitable solutions.
Are you able to compromise on children? Parents want solutions that best serve the needs of their children, but there can be a gap on what this means to each. You will address custody during collaborative divorce, which involves decision making on the important areas of the child’s life. It is important to assess whether you can cooperate and work together toward a common goal as co-parents.
Do you have concerns about misconduct? If you have reason to believe that your spouse has hidden assets, subjected marital property to waster, or engaged in other wrongdoing, you should avoid collaborative divorce. This person has already destroyed any notion of fairness in the divorce process, so court is a better option. You have access to the power of the court to root out and address misconduct.
Get Personalized Advice from a Florida Collaborative Divorce Lawyer
If you are considering the collaborative process to resolve and finalize your divorce, please contact The Law Office of Laurie R. Chane in Pasco County. You can set up a consultation by calling our firm at 352-567-0055 or checking out our website. We can provide additional details on what to expect and factors that may impact your decision on collaborative divorce.