The Collaborative Law Process Act took effect in the summer of 2017. This act established a different way of dealing with divorce. Now, it's important to understand the collaborative divorce process in Florida.
The CLPA is a new method for resolving divorces and some other family law matters in Florida. It allows the parties to meet in an informal setting to come up with a settlement agreement.
The meeting usually involves family law attorneys for both sides. It may also include financial advisors, parenting experts, and certified public accountants.
Benefits of the Collaborative Divorce Process
One of the major benefits of the collaborative divorce process is the privacy you gain. When you go to court for a divorce, everything is put out in the public spectrum. However, when you use the collaborative process, it remains confidential and the agreement, along with the negotiations, is kept private.
In addition, the divorcing couple remains in control of their specific situation and the outcome of the situation. Instead of allowing a family law judge to rule on the case, the couple will come up with an agreement for the division of property and the parenting schedule. Of course, they will have the help of a Jacksonville divorce lawyer to help guide them through the process and protect them during the collaboration.
Another benefit many will enjoy is the cost of the collaborative divorce process compared to going to court. In many cases, it can be less costly and less time-consuming to go through the collaboration than traditional litigation.
It's Not for Everybody
The collaborative divorce process in Florida isn't for everybody. For those it works for, it can be a great thing and come with plenty of benefits. However, there are situations where collaboration won't work.
This process of divorce counts on both parties remaining honest and forthcoming throughout the collaboration. They must be forthcoming about all assets and debts, along with other pertinent information or it won't work.
If there are trust issues within the marriage, the collaborative divorce process may not work for the couple. It will also be a struggle if the parties cannot agree on a settlement or a parenting schedule. When this happens, new attorneys may need to step in to handle the litigation process.
When litigation is necessary, the cost will increase and the time commitment will also increase. This acts as a deterrent for those just looking to walk away from the collaborative process. With many incentives built into collaboration, many couples won't need to go to divorce court and allow a judge to make the decisions for them.
Going through a divorce in Florida is a bit different since the CLPA took effect. The collaboration process makes divorce a bit less messy and puts the couple back in control, as long as they can be honest and forthcoming. Of course, you still need a skilled Jacksonville divorce lawyer on your side to ensure the collaborative divorce process goes smoothing and fairly.