Collaborative Divorce
Call (800) 822-5170 to Learn Whether the Collaborative Approach to Divorce Is Right for You.
The Virga Law Firm, P.A. exists to serve couples and families during all seasons, but especially during the divorce process. Our legal team is always up-to-date on the latest developments in family law and works to make sure every client is aware of their options. This is just one of many reasons to choose us! We want to ensure divorcing couples in Florida are aware of the collaborative approach to divorce, which is now legal in the Sunshine State, as of July 2017.
Contact us today if you are interested in learning more about collaborative divorce and what it means for your family.
What Is Collaborative Divorce?
Instead of putting two spouses in front of a judge or arbitrator, collaborative divorce involves both spouses, their respective divorce attorneys, and a number of other professionals, which can include social workers, financial advisors, child psychologists, and more, as needed. This approach requires both spouses to discuss, sort out, and agree upon the minutiae of their divorce with the help of objective professionals and people who have in mind the best interests of the individual spouses and any children involved.
What Are the Benefits of Collaborative Divorce?
The pros of collaborative divorce are many:
- The collaborative approach provides families with a more dignified, cooperative, and non-competitive way to divorce. As opposed to traditional methods, which often pit couples against one another in a winner-loser scenario, collaborative divorce allows spouses to work together as much as possible during the process.
- You can wrap up your divorce much more quickly and affordably. Most of the time, avoiding court when possible is highly recommended. The court systems is clogged, expensive, and typically inefficient. If you can resolve your disagreements out of court, as with the collaborative approach, you can save yourself a lot of money and position yourself for a speedier divorce.
- Collaborative divorce does not sacrifice the well-being of children for the sake of resolution. When you take the collaborative approach, you will work with at least one professional, such as a family counselor or social worker, who is well-versed in the effects of divorce on children. That professional will weigh in on issues like custody, visitation, and support to help ensure the agreements you and your spouse make do not adversely affect your child.
- The collaborative approach helps you preserve the relationship as much as possible. If you have children or plan to create some sort of support agreement, there is a significant likelihood that you will have to interact in the future. You may be more likely to get your way if you go into divorce court with guns blazing, but that typically sets couples up for years of contentious, bitter interactions going forward. However, by making an effort to come to an agreement and negotiate on important issues, you and your spouse may be able to come to a consensus with minimal animosity, thereby setting yourselves up for more friendly conversations in the future.
There are several other positive benefits to collaborative divorce which are not listed above. If you are interested in exploring collaborative divorce as an option for your family, consult with a legal professional before proceeding.
The Legal Process of a Collaborative Divorce in Florida
Collaborative divorce in Florida is a process designed to resolve divorce-related issues outside of court through cooperation and negotiation between the spouses.
Here's an overview of how the collaborative divorce process typically works in Florida:
- Initial Consultation: Both spouses meet with their respective collaborative divorce attorneys to discuss the process, their goals, and whether collaborative divorce is suitable for their situation.
- Signing Participation Agreement: If both spouses agree to proceed with collaborative divorce, they sign a participation agreement, committing to resolving their issues through cooperation and without litigation. This agreement also outlines the terms of the collaborative process.
- Disclosure of Information: Both parties voluntarily disclose all relevant information regarding their finances, assets, and liabilities. This transparency helps build trust and ensures that both spouses have a clear understanding of the marital estate.
- Meetings with Collaborative Professionals: Depending on the complexity of the issues involved, spouses may meet with various collaborative professionals such as financial planners, mental health professionals, or child specialists. These experts assist in reaching agreements on financial matters, child custody, and any other issues relevant to the divorce.
- Negotiation and Problem-Solving: With the guidance of their attorneys and other collaborative professionals, spouses engage in negotiations to reach mutually acceptable agreements on all issues related to the divorce. The focus is on finding solutions that meet the needs and interests of both parties and any children involved.
- Drafting and Finalizing the Agreement: Once agreements are reached on all issues, the attorneys draft the necessary legal documents, including the marital settlement agreement and parenting plan (if applicable). These documents outline the terms of the divorce and are reviewed and signed by both spouses.
- Court Approval: The final step involves presenting the settlement agreement to the court for approval. Since the divorce was resolved collaboratively, the process typically moves more smoothly, and court involvement is mainly administrative to finalize the divorce.
- Conclusion: Once the court approves the settlement agreement, the divorce is finalized, and the spouses can begin their new lives separately.
At The Virga Law Firm, P.A., we understand that navigating the complexities of divorce can be emotionally challenging and legally daunting. Our collaborative divorce lawyers are dedicated to guiding you through the process with compassion, expertise, and a commitment to achieving fair and mutually beneficial outcomes.
With our support, you can confidently pursue a collaborative divorce, knowing that we will work tirelessly to protect your interests and facilitate constructive communication to reach agreements amicably. Trust us to advocate for your rights and help you transition to a new chapter of your life with dignity and peace of mind.
Talk to a Collaborative Divorce Lawyer in Florida Today
Our team at The Virga Law Firm, P.A. is on your side. We are also familiar with the myriad of ways you can get divorced, and we can offer you wise counsel and strong legal representation, regardless of the approach you choose. After you schedule your consultation with us, we will take stock of the circumstances surrounding your divorce and help you address your conflicts with simplicity and ease.
Get your first meeting with us on the calendar. Call (800) 822-5170 to connect with a member of our team right away.
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