How It Works
From the start, the Collaborative Divorce process focuses on problem
solving, not blaming or re-airing past grievances. Full disclosure and
open communications help assure that all issues are discussed in a
timely, non-confrontational manner. Unlike any any other legal procedure the parties agree that they will NOT file a court case until all the issues are settled by agreement.
To start with, both parties and their
Collaborative lawyers agree upon and sign a Collaborative Divorce Law
representation agreement. In Florida, this is a Limited Representation Agreement. The agreement provides that if the
collaborative process breaks down and either side files for relief from
the court, the attorneys and other professionals involved must all
withdraw from the case. In this way, the
attorneys become stake holders in the collaborative process; if the
process breaks down, the attorneys no longer have the case.
Because settlement is
reached before filing in court, there is more privacy and no
waiting for the multiple court hearings that are usually necessary with
conventional divorce. With joint experts and fewer hearings and delays, a Florida divorce using the collaborative process can be much less expensive than litigation.
96% of collaborative divorces are successful.
The mandatory exchange of
financial information is streamlined from traditional litigation. In collaborative divorce, the divorcing spouses exchange financial and
other information on a voluntary basis before filing anything in court. The parties do not engage in
the formal litigation "discovery
" process, a time-consuming and costly process, especially for small
business owners.
With informal methods like voluntary production of financial documents and four-way
conferences, the divorce process can move along in a less
costly, less hostile manner. This voluntary exchange saves time and money because no discovery motions are filed, subpoenas issued or depositions taken.
The parties then
participate in conferences designed to resolve to all the issues that
they face. To assist in the process, the parties jointly engage the services of agreed
upon specialists to help with resolution.
Once all the issues are settled between the parties, a written agreement is signed. The parties also decide which person will file the uncontested petition for dissolution of marriage and appear at the final hearing. No motions are filed or argued in court because the
agreement is reached before a divorce case is filed in court when the parties agree to use the Collaborative divorce process.
For more information, download the Collaborative Practice Knowledge Kit.