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What do you need to know about collaborative law?

Collaborative law is one type of uncontested divorce option. Couples may obtain help from attorneys and other

Divorcing couples in Pembroke Pines who do not want to go through the hassle, time and expense of a litigated divorce have other options, fortunately. Many spouses are able to come to an agreement on their issues without having to resort to the courts. Collaborative law is one uncontested divorce option for those who are willing to negotiate agreeable terms for their divorce.

An explanation on the collaborative process

What exactly is collaborative law? According to U.S. News, this type of divorce utilizes each spouse's own attorneys, as well as other professionals when they're needed, to help both parties reach an agreement they can live with. The collaborative process may be more complex than a mediated divorce, but still requires each spouse to treat each other with respect, conduct discussions in a civilized manner, approach the issues with an open mind and be willing to compromise.

During a collaborative divorce, each spouse will first consult with his and her own attorney. It is helpful to have an attorney during the process. Attorneys are involved to look after the best interests of their clients and make suggestions that may have otherwise been overlooked. The additional professionals involved may include tax preparers, financial advisors, child therapists and certified mediators. These people are required to be impartial and to assist each spouse in reaching solutions for the benefit of all involved, including children.

The benefits of a collaborative divorce include the following:

  • Minimizes conflict and stress
  • Suggests creative and flexible solutions
  • Addresses complex issues, such as shared parenting plans or asset division, without the interference of a judge
  • More cost-effective and less time-consuming than litigation
  • Teaches problem-solving strategies that may be used in the future
  • Informal and private setting

It is important to remember that before beginning the collaborative process, attorneys are required to sign an agreement stating they will not go to court in this case. If couples are unable to reach an agreement and must litigate, they will need to retain new attorneys. It is therefore usually in their best interests to make every effort to resolve disputes through collaboration once the process has begun.

Collaborative law is not for everyone. It is advisable to understand the different options available, as well as the advantages and limits to each. An experienced Florida family law attorney can advise divorcing spouses on the types of divorce available and help them make an informed decision as to which option may be best for their own unique situation.