What Happens if the Collaborative Divorce Process Breaks Down in Florida?

Each year, a growing share of divorcing couples in Florida are opting for the collaborative law process. Governed by the Florida Collaborative Law Process Act, collaborative divorce is a voluntary, out-of-court dispute resolution process where spouses work with trained professionals to negotiate the terms of their divorce in a structured, non-adversarial setting. It can be a highly effective way to resolve a divorce in a low-conflict manner. At the same time, entering the collaborative process does not guarantee results. Some couples may hit an impasse. Here, our Clearwater collaborative divorce provides an overview of what happens if the collaborative law process breaks down in Florida.

 The Collaborative Divorce Process Can Be Paused and Resumed

 That a collaborative divorce proceeding hit a major impasse does not mean that the process will not work for your case. Collaborative divorce is designed to encourage open dialogue and reduce conflict. Even still, emotions run high. If the process begins to break down, the parties can agree to take a temporary break. A short break can often be one of the best tools for overcoming a disagreement in a divorce case. Stepping away allows each party to regroup. They can take a breath, re-think the issues, and seek additional support. Florida law does not require continuous sessions for collaborative divorce. As long as both parties remain willing to work together, they can resume the collaborative process later. There is no time limit.

 Either Spouse has the Right to Withdraw from a Collaborative Divorce 

Participation in a collaborative divorce is entirely voluntary. At any point, either spouse may decide to withdraw from the process. An impasse that is so severe that it cannot reasonably be overcome may lead to one spouse deciding a collaborative divorce is not for them. If that happens, Florida law requires both collaborative attorneys to withdraw from the case as well. The “disqualification provision” is a key feature of collaborative law. It is designed to protect the integrity of the process by ensuring that the attorneys involved are committed solely to settlement, not future litigation. Once the collaborative process ends, the parties are free to pursue other options, including other forms of alternative dispute resolution (ADR) and traditional litigation.

 Key Point: A Withdrawal from Collaborative Divorce Means You’re Headed Towards Litigation 

If you (or your spouse) exit the collaborative divorce process, you have the right to go to court. Indeed, your divorce case will be on the path to litigation. With that being said, you are not left without alternative options. Many couples who exit the collaborative process can still find a resolution outside of litigation. For example, you and your spouse may opt for mediation.

 Consult With Our Clearwater Collaborative Divorce Lawyer Today

At the Law Office of Gale H. Moore P.A., our Clearwater collaborative divorce lawyer is a compassionate, solutions-focused advocate for clients. If you have specific questions about how collaborative divorce works in Florida, please do not hesitate to contact us today for a fully confidential, no obligation initial consultation. With an office in Clearwater, we provide collaborative divorce representation throughout the region in Florida.

Source:

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