Collaborative Divorce Works for Many Couples in Florida

For many couples who are ending their marriage, the Florida Collaborative Law Process Act offers a structured, non-adversarial environment that can be highly effective. At the Law Office of Gale H. Moore P.A., we have extensive experience with collaborative divorce and we know that it works well for a lot of people. Still, there are exceptions. Here, our Clearwater collaborative divorce attorney highlights three scenarios in which collaborative divorce is likely not the right option.

1.    Your Divorce Can is Relatively Simple and You and Your Spouse Agree 

There are divorces in which the collaborative law process may simply be unnecessary. Divorce mediation or even informal negotiation may be sufficient. Collaborative may be “too much” if your Florida divorce is straightforward, uncontested, and you are already close to a settlement. If you and your spouse agree on property division, financial matters, and parenting arrangements, the collaborative process can be an added expense and procedural step. In Florida, couples with simple divorces may even qualify for a simplified dissolution of marriage under Florida Statutes § 61.052.

2.    Your Spouse has Disappeared and/or Refuses to Engage With the Process at All 

A collaborative divorce also likely is not be the right option if you are dealing with a spouse who is missing or who outright refuses to cooperate with the process at all. Collaborative divorce can only be used in Florida if both parties are willing to sign the participation agreement. Collaborative divorce requires both spouses to actively participate in good faith. The entire structure of the process (attorneys, neutral financial experts, and mental health facilitators) assumes cooperation. If your spouse refuses to communicate or cannot be located, collaborative divorce is not feasible. You cannot press forward in the collaborative process without them. But an uncooperative spouse typically cannot stop a litigated divorce. The court can enter a default judgment that dissolves the marriage and issues orders on property or custody.

3.    You and Your Spouse Have Extremely High Conflict

Finally, collaborative divorce may not be the right option for a very high conflict divorce case. The collaborative divorce process depends on a commitment to problem-solving rather than fighting. If your marriage is marked by extreme hostility or ongoing disputes, collaborative divorce is not the right path. In high-conflict cases (especially those involving domestic violence, coercion, or deep mistrust) neutral negotiation tends to break down. To be clear, collaborative law absolutely can work for some couples with serious disputes. Still, it requires both parties to enter the process in good faith and with an honest, open, and cooperative mindset.

Call Our Clearwater, FL Collaborative Divorce Lawyer Today

At the Law Office of Gale H. Moore P.A., our Clearwater collaborative divorce attorney provides solutions-focused guidance and support. If you have any questions about whether or not your divorce case is a good candidate for the collaborative law process, we can give you a comprehensive answer. Contact us today for a fully confidential initial consultation. With an office in Largo, we provide collaborative divorce representation in Clearwater and all across the wider region.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.57.html