How Do We Know If Collaborative Divorce is the Right Option for Us?
Are you preparing for a divorce in Clearwater or elsewhere in Pinellas County? The collaborative law process offers an opportunity to resolve your divorce in a collaborative, structured manner. It is an effective option for many divorcing couples, but you may not be sure if it is right for your case. Here, our Clearwater collaborative divorce lawyer discusses key considerations for determining if collaborative law is the right option for your specific situation.
Mutual Interest: Both Spouses Must Voluntarily Commit to the Collaborative Process
The collaborative law process is only right for your case if both you and your spouse are willing to commit to it. Collaborative divorce is fundamentally voluntary under Florida law (Florida Statutes § 61.57). The process begins when both spouses sign a collaborative law participation agreement, and a court cannot compel a spouse to participate over an objection. Disagreements regarding equitable distribution, alimony, parenting plans, time-sharing, and child support can be addressed collaboratively. Still, there should be a genuine commitment to resolving things by working together.
Financial Transparency and Good Faith are Foundational to Collaborative Divorce
Collaborative divorce in Florida requires a good faith meaningful exchange of information. Once again, both parties need to commit. Before choosing the process in Pinellas County, spouses should carefully consider whether they (and their partner) can be reasonably expected to provide accurate information concerning income, assets, liabilities, business interests, retirement accounts, and other material financial details. Collaborative divorce is generally less suitable when there are serious concerns regarding concealed assets and/or financial misconduct.
A Desire for Additional Flexibility is a Sign Collaborative Law May Be Right for You
Collaborative divorce may be especially useful for spouses who want greater control over how their divorce is resolved. Florida expressly describes collaborative law as a voluntary, nonadversarial settlement process intended to promote peaceful and early resolution of family disputes. Instead of presenting competing positions to a judge for a binding ruling, the spouses work toward negotiated terms governing issues such as property division, support, and parenting arrangements. The process can therefore provide greater flexibility.
You Should Consider If You Are Comfortable Giving Up Your Lawyer If Negotiations Fail
One of the most important distinctions between collaborative divorce and conventional settlement negotiations is the disqualification requirement. Under Florida Family Law Rule of Procedure 12.745, a collaborative lawyer ordinarily cannot represent the same spouse in subsequent contested litigation concerning the collaborative matter. Lawyers associated with that attorney’s firm are generally subject to the same restriction. Therefore, if negotiations collapse, each spouse may need to retain new counsel. The rule creates a powerful incentive for everyone involved to work toward settlement, but it also creates potential expenses and delay if collaboration fails.
Contact Our Clearwater, FL Collaborative Divorce Lawyer Today
At the Law Office of Gale H. Moore P.A., our Clearwater collaborative divorce attorney is committed to putting clients first. If you have any questions or concerns about whether collaborative divorce is right for you, we can help. Contact us today to set up a completely confidential initial consultation. Our firm handles collaborative divorce in Clearwater, Largo, and throughout the surrounding region.
Source:
floridabar.org/the-florida-bar-journal/the-collaborative-law-process-rules-this-is-how-we-do-it/
