Couples and families often experience significant stress and uncertainty during divorce, which is a challenging and emotionally draining process. There has been a growing trend toward alternative dispute resolution, including collaborative divorces, to address these issues and make the process less taxing on spouses and their families.
Collaboration between the parties
In a collaborative divorce, spouses and their attorneys work together to reach a mutually acceptable agreement without going to court. The goal of collaborative divorce is to find creative solutions that meet both parties’ needs and interests. It differs from traditional divorce litigation in that it promotes a non-adversarial approach.
It may be possible for spouses to accomplish this through their attorneys; other times, they may require the assistance of other professionals, such as financial advisors and mental health professionals.
Collaborative divorce benefits
There are many benefits to using this alternative dispute resolution method. Additionally, to facilitating good faith communication between spouses in a non-adversarial environment, collaborative divorce:
- Allows the spouses to maintain control of their divorce.
- Preserves the relationship between the spouses if they choose to have one.
- Provides privacy and confidentiality.
- Is cost-effective and much cheaper than divorce via traditional litigation.
Florida recognizes the value of collaborative divorce and has established guidelines to govern the process, in an effort to standarize processes and procedures. Some requirements Florida has established include:
- Each party has an attorney.
- The attorneys must train in collaborative divorce.
- All parties must sign an agreement committing to the process.
Collaborative divorce offers a peaceful and respectful alternative to traditional litigation. This allows spouses to work through their divorce in a way that promotes dignity and cooperation. Couples prioritize open communication, problem-solving, and mutual respect by choosing a collaborative divorce.