Why You Should Consider a Collaborative Divorce

The Nuts and Bolts

Traditionally, divorces are “contested.” This means the divorcing spouses dispute one or more major terms of the divorce. Major issues mainly include the time-sharing and decision-making for children, distribution of marital property, and issues of financial support. For the court to reach a decision on disputed issues, the process must follow a traditional litigation route with all its formalities. You must prove your case. A collaborative divorce, on the other hand, is a non-adversarial process that relies upon a working relationship between the divorcing spouses, thus reducing the emotional and financial toll of litigation. Rather than asking the court to decide disputed issues in your divorce, you and your spouse work together to resolve these disputes. Divorcing spouses agree to voluntarily disclose all their assets and liabilities and come to temporary and permanent agreements on all issues in their divorce.

Couples Retain Control

You and your spouse, not a judge, will decide the distribution of assets, decision-making responsibility for the children, and support matters, within the realms of the law. Maintaining decision-making control enables finding common ground to fit the needs of those involved and affected, rather than creating a “winner” and a “loser” through an adversarial process. This also removes the uncertainty over what the court will decide on matters affecting you and your family.

Save Time and Money

A contested divorce tends to be adversarial in nature and is thus more prolonged. This means several court dates, spaced out months apart, a lot of back and forth, and uncertainty over the outcome of the issues disputed. This translates to a higher amount of attorney’s fees. In a collaborative divorce, the cooperation of the divorcing spouses and free flow of information facilitates the process, resulting in fewer fees. However, both spouses in a collaborative divorce still retain their own attorney to help guide the process and advocate for each party’s side, which leads me to the best advice on this piece.

Your Attorney Matters!

Hiring a board-certified divorce lawyer in Marital and Family Law means she has both the experience and expertise to guide you through this life-changing process. If you are considering a collaborative divorce in Boca Raton or in South Florida, turn to someone who is expertly trained in the collaborative law process. Doreen Yaffa from Yaffa Family Law Group is Board Certified in Marital and Family Law by The Florida Bar Board of Legal Specialization and Education.

Is Collaborative Divorce Right For You?

Whether a collaborative divorce is a right fit depends on each spouse’s willingness to negotiate and confer on all major issues. You will need to be on the same page as your spouse for this legal process to work as its intended. If the divorcing spouses cannot confer on major issues such as financial support, distribution of property, or parenting, then the traditional divorce process in Florida might be more suitable. Luckily, the traditional divorce process entails mediation, which is designed to aid divorcing spouses reach an agreement on their disputed issues. If you’re thinking about a collaborative divorce, contact a family law attorney today and schedule a complimentary strategy session.

Frequently Asked Questions

If you're facing a family law matter in South Florida, the experienced attorneys at Yaffa Family Law Group's Divorce practice are here to help. Our team understands Florida family law and can guide you through every step. View all our practice areas or contact us today for a confidential consultation.