In July 2017 the Florida Collaborative Divorce Law went into effect, providing another method of divorce for couples. If you want to keep the details of your divorce private and you and your spouse decide that you can work through the process together, this may be an option for you. Although this process helps keep the divorce out of court, you and your spouse should still both hire a family law attorney.
Getting Started with a Collaborative Divorce
Assuming both parties agree to use this process, both of you, along with your family law attorneys, create and sign a collaborative divorce participation agreement. Basically, this agreement lays out which issues require resolution and establish any guidelines each person wants to be included.
During the collaboration process, the focus is on the settlement you want and believe is fair. You and your spouse will work together to determine a fair and equitable division of property and debts as well as visitation and support for minor children. Both parties can consult their family law attorney throughout the process to best understand the ramifications of any part of the settlement.
Knowing When it is the Right Solution
If you and your spouse have major issues and trouble communicating, collaborative divorce may not be the right choice for you. Furthermore, if you believe your spouse will not willingly disclose their financial situation, you may want to plan on going through the courts. Because one of the most common stipulations of the collaborative process is that neither party discusses the terms of the divorce with the children or others, if you feel you or your partner will not be able to abide by these terms, perhaps you should talk to your family law attorney about another means to divorce.
The intended end result of collaborative divorce is the same as any type of divorce; you should walk away believing you received a fair settlement. The difference is in how you get there. Wagstaff Family Law assists with all types of divorce, including collaborative divorce. If you would like to learn more about this process or discuss whether or not it is an option for you, contact us for your free initial consultation at (727) 584-8182.