In Florida, collaborative divorce is an alternative opportunity to dissolve a divorce. To begin the process, both parties must agree to the guidelines and rules of this form of divorce. This designates that neither party will file a lawsuit to acquire a divorce settlement. The process allows the parties to reach a resolution without court intervention.
Full Disclosure by Both Parties
Initially, the process requires full disclosure by both parties. This indicates that the parties aren’t hiding any income sources, assets, or properties from each other. The process known as discovery is conducted by each attorney to enforce full disclosure. The point of a collaborative divorce is to ensure that both parties receive a fair settlement.
Protecting the Children
Through collaborative divorce, children aren’t pulled into the argument. Both parties agree to keep the children out of the process. They utilize the four-way negotiation process to make determinations about child custody and support as needed. They don’t discuss the case with their children. Both parties share the same goal of encouraging a relationship between the child and both parents. The children are insulated from the impact of the divorce.
Hiring Professionals When Needed
During the process, the parties may need an appraiser to identify the value of certain properties or assets. They may also need to bring psychiatrists into the discussion if there is an issue such as drug or alcohol addiction present. As these individuals are needed to settle these grievances, the party requiring their services must cover all associated costs.
If These Efforts Fail
At any time that the parties cannot achieve an agreement, the case must go to trial. When this is the case, the attorneys involved in these collaborative efforts must step down. During a divorce trial, the court makes all determinations in the divorce and child custody cases.
Collaborative divorce is an opportunity for each party to acquire a fair settlement. This option allows both parties to make determinations without court involvement. This includes division of assets and marital property. The parties have the opportunity to set up custody and child support arrangements.
