Blog

What is Collaborative Divorce?

The Collaborative conflict alternative resolution model is defined as a method of resolving dispute through structured assistance of collaborative professionals including lawyers, mental health professionals, and financial planners.[1] The parties and professionals enter into a contractual commitment to negotiate a settlement without using the court system to decide any issue of the parties.[2] In a collaborative divorce, parties do not go to court. Instead, parties have meetings at offices of the neutrals to resolve their issues. Each spouse has their own attorney. There is an independent mental health neutral and independent financial neutral. In a collaborative case, the parties decide the outcome, not a judge. The goal of the collaborative divorce is to eliminate the negative economic, social and emotional consequences of litigation.[3]

To start the process, you have an initial consultation with a collaborative attorney to see if collaborative is a good fit for you. You discuss with your spouse whether he or she agrees to do the case collaboratively. Both parties must agree to do the case collaboratively. If the parties agree they want to do their divorce collaboratively, they each hire a collaborative attorney.

The mental health neutral will guide the meetings to make sure everyone stays on the task of working to resolve the issues of that meeting. The mental health neutral makes sure that the parties focus on the positive and move forward. The mental health neutral redirects the discussion if anyone says or does anything that is negative, and if anyone is getting off topic.

The financial neutral’s role is to gather all relevant financial documents. The financial neutral will prepare detailed financial reports for the collaborative team, including an equitable distribution chart. The financial neutral will also provide an analysis of the financial situation of the parties and facilitate discussions of options for the parties regarding the division of assets and debts.

The parties may participate in collaborative conflict alternative dispute resolution either before or after a petition for dissolution of marriage is filed. The Circuit Court of The Eighteenth Judicial Circuit which includes Seminole County has an Administrative Order No. 14-04.[4] This order describes the frame work of how a collaborative case proceeds in Seminole County.

The attorneys have a vested interest in helping parties resolve their issues. If the parties cannot resolve their issues at the meetings, they may do a collaborative mediation. If that fails, each party must retain new attorneys if they decide to litigate.

For assistance regarding collaborative divorce, please contact the Law Office of Ann Marie Giordano Gilden, Esquire of Ann Marie Giordano Gilden, P.A. in Lake Mary, Florida at 407-732-7620, or visit the firm website at www.AnnMarieGildenLaw.com.

The information provided in this article is solely for informative purposes, and is not to be considered as providing legal advice, and does not establish any attorney/client relationship.

[1] The Circuit Court of Eighteenth Judicial Circuit, Seminole County Administrative Order No. 14-14 Amended Supersedes 14-14 under Domestic Relations for Collaborative Conflict Resolution of Marriage Cases. Order entered by Honorable John M. Harris, Chief Judge on February 3, 2014.
[2] Id.
[3] Id.
[4] Id.