West Palm Beach Collaborative Divorce Lawyer
Collaborative divorce is a non-adversarial process in which spouses work together with trained professionals to resolve disputes outside of court. The collaborative divorce process allows a divorcing couple to reduce or avoid the stressful and emotionally difficult aspects of litigating a divorce as they work out their differences with the help of their attorneys. Contact the experienced West Palm Beach collaborative divorce lawyer, William Wallshein for a free consultation today.
What is the Collaborative Process?
Florida does not have any statutes addressing collaborative divorce, but there is a general process to be followed. Each spouse is guided by his or her own attorney in a collaborative divorce. The spouses and their attorneys sign a binding agreement to resolve all of the issues of the divorce without the court’s help. If they cannot settle their disputes, the agreement usually specifies that the attorneys are required to withdraw from the case.
In the collaborative divorce process, each spouse meets one-on-one with his or her attorney to discuss the issues to be resolved in the divorce, such as property division, child custody, and child or spousal support payments. The spouses and their attorneys then meet together with a facilitator. The facilitator is usually a mental health professional and leads the meetings. A divorcing couple may also use experts when needed, for example, in settling matters of child custody or valuing assets such as a house. The parties must then come to an agreement on the issues surrounding the divorce.
Once the spouses come to an agreement, they may treat their divorce like a simple uncontested divorce. The judge approves the agreement that they have settled upon, and the divorce is finalized.
Pros of Collaborative Divorce
The benefits of a collaborative divorce are many. One of the major benefits is that it gives the divorcing spouses more control over the outcome of their divorce. In a collaborative divorce, important decisions are made by the couple rather than by judges who may have many other cases to deal with and whose time is limited.
Additionally, the collaborative divorce process is cost-effective. Since it minimizes the time spent in court, it also minimizes court costs and the costs of the litigation process, such as discovery, hearings, and trial. Working together in the divorce process is quicker and more efficient than litigation and avoiding drawn-out conflict is cheaper.
In a collaborative divorce, the discovery process is much faster than in a litigated divorce. Discovery is the stage of resolving a dispute in which the parties exchange necessary information, such as financial records. In a collaborative divorce, the parties agree to fully disclose all relevant documents and information, so the other spouse does not have to ask, saving both time and money.
Importantly, a collaborative divorce is less stressful than a contested divorce. The collaborative divorce process minimizes conflict and avoids many of the emotional harms resulting from litigating disputes. This is especially important if there are children involved. The amicable resolution of disputes can help parents protect their children from the stress of a divorce and can help to foster stronger family ties.
- Parties have greater control over the results: Important decisions regarding child support, custody, and division of marital assets are discussed between parties, rather than left to a judge to decide.
- Lower Costs: In traditional divorces, both parties would retain their own experts, which can be rather expensive. In a collaborative divorce, parties usually hire one shared expert and they split the costs.
- No adversarial proceedings: You are not being interrogated by the other party’s attorney, to start. Some people have fears when it comes to traditional courtroom proceedings, and a collaborative divorce removes that concern.
- Discovery moves faster: Since parties are working together in good faith to reach a settlement, discovery tends to move more quickly. Discovery is the exchanging of information and the “meat” of a case.
Potential Drawbacks to a Collaborative Divorce
A collaborative divorce might seem like the ideal option on the surface, but there are some things to keep in mind.
- If collaborative divorce fails, you both have to hire new attorneys : Collaborative divorces contain the clause that any matters that are not resolved and need to be litigated must be done with new attorneys.
- Your spouse may not be honest: While you hope that both parties are acting in good faith, the fact remains you are going through a divorce which means there are significant issues to begin with.
- Domestic violence: If there is any allegation of history of domestic violence, the judge may not allow or accept a collaborative divorce agreement.
Contact an Experienced West Palm Beach Collaborative Divorce Lawyer
The collaborative divorce process can help a divorcing couple achieve a smoother, friendlier transition. If you are considering a divorce, please contact the dedicated West Palm Beach family law attorney William Wallshein for a free initial consultation.
