Orlando Collaborative Divorce Lawyer

A collaborative divorce requires a participation agreement stating that both spouses intend to pursue the divorce through negotiation rather than a prolonged court battle. 

To begin, both sides must hire a collaborative divorce lawyer in Florida. An attorney will represent your best interests even if you and your spouse intend to work together for a fair divorce process. You’ll discuss what you want out of the divorce with your attorney, including how you want to handle any financial issues that may crop up or what type of child custody is best for your situation.

Below are the main steps for the collaborative divorce process after hiring a lawyer.

Meet Together

The legal process for collaborative divorce in Florida begins with an initial meeting between you, your spouse, and your lawyers. You’ll sign a participation agreement during the meeting stating you intend to embark on a collaborative divorce. It may lay out specific requirements, including the following:

• The documents and evidence you must provide
• Major decisions you need to make, including property distribution, child custody, or distribution of debt
• Penalties for going through the court system to dissolve your marriage if the collaborative process fails—for example, you may each have to get a new attorney
• Rules of conduct, including a commitment to treating each other civilly

Gather Information

You need to provide your attorney and your spouse with any information necessary for the divorce process, including about:

• Tax returns
• Financial assets
• Debts
• Employment
• Salary records
• Any children who are minors

Negotiations

The negotiation process allows you and your spouse, with the help of your lawyers, to determine how you want to divide your assets and handle any issues, including child support, child custody, and alimony. If you have children, you may work with a child specialist to better understand how to best support your child’s rights and interests during the divorce process.

Any time you and your spouse cannot come to an agreement on your own or with the help of your attorneys, you can try third-party mediation, in which a mediator comes in and helps you explore alternative solutions. 

Expert Advice

In addition to the spouses and their lawyers, certain experts may participate in the collaborative divorce process. Financial, mental health, and other professionals can be brought in to advise the parties and aid negotiations. 

For instance, vocational experts may provide insight into whether a spouse can easily reenter the workforce after a divorce. Or, a child development expert may advise on custody issues. While such experts are often consulted during litigation, they are more heavily relied on during a collaborative process.

Sign a Settlement

Once you have reached an agreement, you and your spouse will sign a divorce settlement laying out the terms you’ve agreed upon. Your divorce settlement is an enforceable contract governing the steps both parties must take, including separating assets or providing for the needs of minor children.