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Why Your Relationship With Your Collaborative Divorce Lawyer is Unique

DivMediation

Florida offers a collaborative divorce process (Florida Statutes § 61.57). It is a structured, non-adversarial process that is designed to help divorcing couples resolve family law issues in an amicable and confidential manner. During a collaborative divorce, you will be represented by your own lawyer—but your relationship with your legal counsel is special. Here, our Clearwater collaborative divorce lawyer explains key things that make the process unique.

Your Collaborative Divorce Lawyer is Your Advocate (With a Special Focus) 

In Florida, your collaborative divorce attorney serves a somewhat different role than other family law counsel. A collaborative divorce lawyer uniquely blends advocacy with a dedication to achieving amicable solutions. In contrast to traditional divorce proceedings—which can often foster a combative atmosphere—your collaborative lawyer champions your interests while simultaneously encouraging cooperation. Their role as a professional is to be non-adversarial. They are part of a participation agreement that emphasizes a good faith commitment to true collaboration. By focusing on open communication and mutual respect, your lawyer strives to reach a consensus that aligns with both parties’ needs and wishes.

 Your Collaborative Divorce Lawyer Takes a Non-Adversarial Approach 

What makes a good divorce attorney? Do you want an aggressive advocate? Do you want a solutions-driven problem-solver? The answer depends, in large part, on the specific circumstances of your case. With a collaborative divorce, you are retaining an attorney who is committed to taking a non-adversarial approach. That does not mean that she will not protect your rights and your interests. It does mean that her fundamental approach to the process is one of collaboration. The commitment is foundational to collaborative law, where the goal is to resolve conflicts through cooperation rather than litigation.

 Your Collaborative Divorce Lawyer Must Withdraw Representation if You Exit the Process 

Collaborative divorce in Florida is a non-binding process. You have the right to give collaborative divorce a good faith try and, if it does not work out to reach a settlement, withdraw from the process and try other solutions. With that being said, your collaborative lawyer cannot represent you outside of the collaborative process. A distinctive aspect of collaborative divorce in Florida is the requirement for your lawyer to withdraw from representing you if the collaborative process is abandoned and litigation is pursued. Among other things, the rule serves as an incentive for both parties to stay committed to the collaborative process—knowing that choosing litigation would mean starting over with new legal representation. It also helps to ensure that everything shared within the collaborative law process is kept confidential.

 Contact Our Clearwater Collaborative Divorce Attorney Today

At the Law Office of Gale H. Moore P.A., our Florida collaborative divorce attorney has the skills and experience that you can rely on. If you have any questions about the collaborative divorce process, we can help. Contact us today for your fully confidential initial consultation. With an office in Largo, we provide collaborative representation in Clearwater and throughout Pinellas County.

Source:

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

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