In Florida, the process of filing a divorce is not always adversarial. Due to the collaborative divorce, the State of Florida is also recognizing the procedure that complements the “no-fault principle” of the Florida Statutes.
Through this legal procedure, the spouses together with their legal counsels may come up with an agreement as to how they are going to facilitate the process of divorce, provided that such methodology warrants the compliance mandated by law. This method promotes the avoidance of litigation to come up with the settlement without the court’s intervention.
In this essence, the law on collaborative divorce is advocating voluntary conduct of several of marriage bond between the opposing parties. They will be the ones to stipulate the common agreement that is favorable to both parties.
The emphasis with the collaborative divorce is the conduct of amicable settlement where the divorce case may be carried out faster as compared to the traditional approach.
The conduct of this effort is to protect both the rights of the parties by putting an end to their disagreements and ill-tempered feelings through a non-adversarial forum. This approach is fair as it provides a venue for both parties to disclose their sentiments and meet halfway to settle their disputes. That being said, this process is a procedure for a win-win negotiation because issues are resolved amicably and the demand of the parties is stipulated for their utmost satisfaction.
There is no right time as to when the collaborative divorce should be requested because parties may agree before the case is filed in court or until the other relevant issues are resolved first.
How Does a Collaborative Divorce Work?
The process is simple. Both parties should be well-represented by their respective Fort Myers divorce lawyer. The presence of the lawyers is to ensure that the rights of their clients are safeguarded. Moreover, the lawyers may provide legal insights every time the clients opt to agree on anything to guide the latter on making their wise decisions.
When parties decided to undergo a collaborative divorce, an initial meeting will be facilitated to draft the agreement. As part of the process, major issues are identified and, on the process, these issues are resolved based on the ground rules stipulated. Further, such an agreement should include the essential documents needed to materialize the stipulations. Furthermore, the agreement does not resort to the intervention of the court system to determine the issues at hand.
Collaborative divorce has the following advantages:
- Parties may have the full management and control over the outcome of the agreement;
- Parties will be more satisfied with the result as they already aired their sentiments and due participation is recognized;
- Lower costs are spent by the individual party compared when the case is submitted for resolution after actual court litigation;
- A faster and just resolution will be agreed upon;
- Less stress will be experienced by the parties as there is no adversarial proceeding anymore.
If you are in dire need of the legal services of a Cape Coral divorce lawyer, you may get in touch with Marquez-Kelly Family Law Attorney. We already have series of experiences about the cases of divorce, and collaborative divorce, among others, is our specialty. We can help you facilitate your divorce smoothly and effectively without experiencing a heart-breaking and burdensome confrontation.
If you have questions about collaborative divorce, you may contact us through telephone number 239-214-0403 or you may message us for a free half-hour consultation.
Our service areas located at Fort Myers and Cape Coral, Florida are regularly open to serve you better.