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
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.