One of the more common methods to obtaining a dissolution of marriage in Florida is through a collaborative divorce. However, because the name is not clear as to exactly what it is, many people have questions. As a collaborative divorce lawyer, we have gathered many of the most frequently asked questions here for easy reference.
What is a Participation Agreement?
You and your spouse sign a participation agreement where you both agree to abide by the rules of collaboration, some of which are standard in every divorce, but you can add your own. Some customizations include creating a list of the issues you want to resolve or decisions that you need to agree upon. You may also want to agree to hire a financial analyst if you have complicated financials.
Do We Each Have Our Own Collaborative Divorce Lawyer?
Yes, both parties hire their own collaborative divorce lawyer. However, once you come to an agreement, only one will draw up the petition for dissolution of marriage and submit it to the courts.
What If We Can Not Come to a Settlement?
Then the collaboration ends and you both must hire new attorneys.
Why Should I Consider Collaborative Divorce?
Most couples who utilize collaborative divorce spend less on attorneys’ fees, which is a win-win. However, beyond the financial benefits, you get to keep your private matters out of the public record. Collaboration allows you to work together to find a solution and then consult your collaborative divorce lawyer to ensure that you are reaching a fair settlement.
How Long Does a Collaborative Divorce Take and How Much Does It Cost?
Although it depends very much on your unique variables like the size of your estate, whether there are children, and your debts, the vast majority of divorces obtained using the collaborative process are completed within nine months. Costs vary, but in a recent survey by the Florida Academy of Collaborative Professionals (FACP), nearly 70% of divorces through mediation cost less than $50,000 total.
Where Does the Mediator Come In?
Collaborative divorce is different from divorce through mediation. Both have benefits, but they are different processes. If you want to know more about divorce through mediation, here are some FAQs.
Wagstaff & Pitelis Handles Collaborative Divorce
If you are looking for a collaborative divorce lawyer in Clearwater, Wagstaff & Pitelis can help. Of course, if you are not sure which process is right for you, we are happy to help you decide between traditional divorce, meditative divorce, or collaborative divorce. If you tried the collaborative process and it did not work out for you, we can help in those situations as well. Call us today at (727) 584-8182 or fill out our contact form to schedule your initial consultation to learn more about our services.