Collaborative Divorce can be the ideal solution for those couples who want to avoid the drama and conflict of litigation and maintain their privacy. It allows the parties to keep greater control of the outcome, and to customize a settlement that best fits the needs and circumstances of their family.
In Collaborative Divorce, each person must have a collaboratively trained attorney to represent them. The couple also must agree to hire a collaboratively trained mental health professional and a financial professional as neutrals who will assess the social and financial elements of the case.
The Collaborative process is typically less stressful than litigation and allows for both parties to have their rights protected and engaging in open and honest discussion as to how to resolve their issues. While it can be more expensive than a traditional retainer, it can be far less costly than fighting in Court. Collaborative Divorce also helps to shield children from the conflict inherent in the litigation process.
Is Collaborative Divorce Right for You?
- Each party must be represented by a collaboratively trained attorney.
- Each party must to retain a mental health professional and a financial professional to serve as “neutral” advisors to the process.
- Each party must commit to appearing for structured negotiation sessions with the team (an agenda for which shall be set in advance).
- Each party must agree to honestly and openly disclose all documents and information, just as they would be required to do in Mandatory Disclosure had the case been litigated.
- Neither party may take advantage of a miscalculation or mistake by the other
- Each party must commit to act respectfully and work together to come to an agreement
- Each party must agree to handle the settlement with privacy, confidentiality, and dignity.
- Everyone must be 100% invested in the process and in the idea of an out-of-court resolution.
- If you engage in the Collaborative process and it does not work out, both you and your spouse will have to get different attorneys to proceed in litigation but may still agree to use the work product of the mental health professional and/or financial neutral in the subsequent divorce.
In recent years, there is yet another option that has developed which is called “Cooperative Divorce.” This is a less formal and structured alternative to the collaborative model (which is governed by rules and procedures, according to Florida Law) and allows for the parties to dip a toe into attempting amicable resolution while being able to retain the same attorneys should the effort fall apart.
Heskin Martinez Law Group has attorneys who are collaboratively trained and have been involved in developing the model since it started in the Central Florida area. While all cases are not good candidates for the collaborative process, our attorneys have the experience necessary to help you determine if Collaborative Divorce might suit your family’s needs, and who can represent you if it is the option you choose.
Questions about Collaborative Divorce? Call us at 407-403-5990 or contact us (below) to schedule your appointment.