How the Collaborative Divorce Process Works in Florida
In Florida, collaborative divorce is a structured process that couples can use to end their marriage. At the Law Office of Gale H. Moore P.A., we have extensive experience handling collaborative law. Our team wants to ensure that you have knowledge and resources that you have to protect your best interests. Here, our Clearwater collaborative divorce lawyer highlights the key things to know about how the process actually works in Florida.
Both Spouses Must Voluntarily Enter the Collaborative Process
Collaborative divorce is fully voluntary in Florida. A court cannot force either spouse to participate over that spouse’s objection. Under the Florida Collaborative Law Process Act, the process formally begins when the spouses enter into a collaborative law participation agreement. Each spouse is represented by his or her own collaborative attorney. The participation agreement defines the matters that the parties intend to resolve and establishes the rules governing the process. It is crucial that you have a proper participation agreement in place when starting the process.
Spouses Must Exchange Information With Each Other (Transparency is Key)
One of the defining features of collaborative divorce is that the parties generally work outside the traditional adversarial discovery system. The written participation agreement must provide for timely, full, candid, and informal disclosure of relevant information. Depending on the case, the collaborative team may include neutral financial professionals, mental health professionals, or other specialists who can help the spouses. A Clearwater collaborative divorce attorney can help you navigate these requirements and ensure that your spouse has followed their obligations.
Negotiations Generally Take Place Outside the Courtroom
The spouses, their attorneys, and any appropriate neutral professionals work toward a negotiated resolution through meetings and exchanges conducted as part of the collaborative process. Florida law gives significant protection to collaborative communications. Notably, both spouses must be represented by a trained Florida collaborative law attorney.
Settlement Ends the Process, but Failed Negotiations Have Important Consequences
The goal of collaborative divorce is a settlement that works for both parties. Many collaborative divorce cases are successfully settled through negotiations. If the spouses reach an agreement, they can reduce the resolution to a signed record and ask the court to approve the necessary settlement terms and enter the final judgment of dissolution. The parties may also obtain court approval of an agreed interim issue without necessarily ending the collaborative process.
If negotiations fail, either spouse may terminate the process with or without cause. Critically, a collaborative attorney generally cannot then represent that spouse in contested litigation involving the collaborative matter. Lawyers associated with that attorney’s firm are generally disqualified as well.
Contact Our Clearwater Collaborative Divorce Attorney Today
At the Law Office of Gale H. Moore P.A., our Clearwater collaborative divorce lawyer is committed to putting clients first. If you have any specific questions about collaborative law, we are here to help. Contact us today to set up a strictly confidential initial consultation. With an office in Clearwater, we handle collaborative divorce cases throughout Pinellas County.
