What Happens When Florida Collaborative Divorce Does Not Work?
Collaborative law offers numerous benefits for Florida divorce cases, including faster time to completion, and giving the parties more control over the process the ability to be creative with the resolution.. The language of the Florida Collaborative Law Process Act even states that its purpose is to create and promote peaceful, early resolution of disputes through voluntary settlement. The collaborative law process aims to preserve a working relationship between the parties, which is especially important for parents who must continue to handle their responsibilities and who wish to be a part of their children’s lives long after the divorce concludes. The animosity that is typical of drawn-out litigation can present substantial challenges for custody and visitation.
However, the collaborative process is not for everyone, and many parties come to this conclusion quickly. Others may begin with a collaborative approach only to see things break down, leaving many wondering what happens next. A Dade City collaborative divorce lawyer can explain specifics, though there are some things to keep in mind if you come to a standstill.
You can separate certain issues. If you are stuck on certain aspects of divorce but agree on others, you can reach an agreement through the collaborative process on some issues but reserve on others. The statute requires the parties to agree that those matters that remain in dispute will not be resolved via collaboration.
Mediation is still an option. Before calling it quits with collaborative divorce, you might consider whether assistance from a trained mediator could help with disagreements. Mediation is similar to collaborative divorce in some ways; however, it is overseen by a mediation professional instead of sessions between the parties and their attorneys and the neutral professionals. The goal is overcoming challenges and solving problems.
You will start from scratch by terminating collaborative divorce. Even if you made some headway in agreeing on some issues through the collaborative process, you will have to re-hash these issues by going through court. Divorce laws still encourage the parties to reach an agreement. However, compromise might be difficult at this point depending on how collaborative divorce broke down.
The parties’ attorneys must withdraw. You might recall from when you signed the collaborative law agreement that there was a provision about legal representation. The statute requires the lawyers for both parties to withdraw from any further representation in the matter. The provision aims at fairness, but it can lead to delays.
Collaborative divorce preserves confidentiality. All discussions and communications that take place during the collaborative process cannot be used in court. The confidentiality requirement is intended to encourage the parties to be open and honest during collaborative divorce, without fear that what they say will come back to haunt them.
Speak to a Florida Collaborative Divorce Attorney About Details
Despite the numerous benefits of the collaborative approach, it is important to be aware of what happens when the parties cannot complete the process. Our team at The Law Office of Laurie R. Chane can provide more information after reviewing your situation, so please contact us to set up a consultation. Individuals in Pasco County can call 352-567-0055 or go online to reach our firm.