Why Collaborative Divorce Might Work for You Even If Mediation Does Not

Going through a divorce in Florida? You probably want to try to find a low conflict solution. You may realize that mediation is not the right option. Even so, Florida’s collaborative divorce process could still potentially work very well for your case. At the Law Office of Gale H. Moore P.A., we are leaders in both collaborative law and divorce mediation. Here, our Clearwater collaborative divorce attorney explains why the collaborative law process could still be a good option for you even if mediation does not work.

Collaborative Divorce is a More Structured, Team-Based Process

A collaborative divorce is more formal and more structured than divorce mediation. That can be helpful for some divorcing couples. Indeed, the collaborative divorce process differs fundamentally from mediation because it operates within a structured legal process that involves attorneys and, when appropriate, neutral professionals. A collaborative dissolution of marriage proceedings is governed by the Florida Collaborative Law Process Act. The more comprehensive structure and the true team-based approach can make a big difference in some Florida divorce cases.

Collaborative Divorce Attorneys Fully Commit to a Non-Adversarial Approach

The role of the attorneys is different than it is in mediation. Once the parties sign a collaborative participation agreement, the attorneys and the spouses commit to resolving the case without court intervention. Unlike mediation, the attorneys remain directly involved in negotiations throughout the process and they cannot represent their client in divorce litigation should it be required. Your collaborative divorce lawyer must withdraw representation if you withdraw from the collaborative law process and opt to pursue other remedies to end your marriage.  This means the lawyers in the collaborative process stay absolutely focused on an amicable settlement.

Collaborative Law Provides Greater Flexibility for Complex Financial Issues

Collaborative divorce can be particularly effective in cases that involve complicated financial matters. High-asset couples often find collaborative divorce especially effective because of this reason. These divorce cases require detailed financial analysis, including valuation of closely held businesses, division of retirement assets, and evaluation of tax implications. 

Collaborative Divorce Can Conflict While Still Preserving Legal Protections 

For some divorce couples in Florida, mediation fails, in part, because communication has already broken down. The collaborative process addresses that problem by introducing professionals who guide the discussions and maintain productive dialogue. Mental health facilitators or communication coaches often assist the parties in managing difficult conversations. Even with this cooperative structure, collaborative divorce still preserves key legal protections. Settlement terms must comply with Florida law and must be incorporated into a formal marital settlement agreement before the court enters a final judgment of dissolution. 

Contact Our Clearwater Collaborative Divorce Lawyer Today

At the Law Office of Gale H. Moore P.A., our Clearwater collaborative divorce attorney is standing by, ready to help. If you have any questions about collaborative divorce, we are here as a family law resource. Please contact us today to set up a completely confidential, no obligation consultation. With an office in Largo, we handle divorce in Clearwater and throughout Pinellas County.

Source:

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