Most people imagine divorce as a very contentious battle. They imagine a long, drawn out process that is expensive to both parties and leaves bridges burned and feelings hurt. In some cases, this is exactly what happens. But more and more, couples are looking for a way to separate without the bad blood that can come from a contentious divorce. This is especially true for couples who have children and wish to remain on good terms for the sake of the children. In these cases, Florida couples seek an attorney who can help with a collaborative divorce.
A collaborative divorce is when both parties agree to attempt to negotiate in good faith when it comes to property and other matters in a divorce. Each party retains a divorce attorney who signs a “participation agreement.” This agreement says that, if the lawyers involved cannot reach an amicable agreement, they will withdraw from the proceedings entirely. This agreement guarantees that an attorney won’t hold up the negotiations in an effort to pad their billable hours and their bottom line.
This agreement also outlines how the parties will negotiate and what exactly they are attempting to resolve. It also holds each party to their word that negotiations will be conducted in good faith with the final goal being to come to an amicable agreement. This agreement will also outline how and why this process might come to an end and outlines what steps should be taken if these negotiations fall apart.
Many couples find this better than a traditional divorce. Instead of needing to litigate every small matter and putting a child in an awkward position, it allows a couple to separate while maintaining their dignity and keeping the child out of a messy dispute. Ultimately, most people who pursue collaborative divorce find that they have better outcomes and have a more positive feeling about their divorce than those who are forced to litigate.
Some people, however, should consider a traditional divorce. This is especially true if one party feels their partner may attempt to lie or cheat the process. Fortunately, a divorce attorney can spot these tactics and end the process if they feel the other party is not negotiating in good faith. With collaborative divorce, you can always be sure that your interests are being protected because you have counsel with you every step of the way.
If you are seeking a divorce and would like more information about collaborative divorce in Florida, contact the Law Offices of James S. Cunha. An experienced lawyer familiar with collaborative divorce can discuss your situation to help you determine if the process is right for you. This way, you can be sure that you are choosing the best path for you and your family as you seek to begin a new life.