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The Pros and Cons of Collaborative Divorce in Orlando, Florida

What are the pros and cons of Collaborative Divorce in Orlando, Florida?

In 2017, the Florida Supreme Court adopted rules of procedure and professional conduct regarding the Collaborative Law Process. The Collaborative Law Process applies to Florida Statutes Chapters 61 and The collaborative tunes are the divorce and paternity statutes.

Collaborative law encourages the peaceful resolution of disputes and early resolution of pending litigation through a voluntary settlement process. It is a non-adversarial process that preserves the working relationship between the parties and reduces the emotional and financial stress of litigation.

The collaborative process begins when the parties sign a collaborative law participation agreement.

What are the benefits and risks of using the collaborative process to resolve a family matter?

Both parties MUST AGREE to the collaborative process for the parties to use it. You can start the collaborative process in lieu of litigation. You may also decide during litigation to stay the litigation process and use the collaborative process.

The collaborative process is concluded or terminated by the parties signing a written settlement agreement resolving all or some of the of the disputed issues.

One con is that either party to the collaborative process may unilaterally terminate the process with or without cause at any time by giving written notice of that decision to the other parties.

Another con is that the collaborative attorneys may not represent the parties in the litigation. The parties must retain other attorneys in the litigation process. That is usually a concern of the parties regarding the additional expenses, if the case is not resolved collaboratively. However, it is a pro in that all attorneys are working for a peaceful resolution to avoid any litigation.

These are matter to ponder before you decide if collaborative process is right for you.

What is the nature and scope of the matter to be resolved through the collaborative process?

What are the material benefits and risks of participating in the collaborative process?

What are the alternatives to the collaborative process? Some alternatives are: signing a marital settlement agreement without going to mediation, resolving the case at mediation, and litigation.

The collaborative process is voluntary.

Another item to ponder is that the collaborative process will terminate if a party initiates a court process or seeks judicial intervention in a pending matter. If a party seeks to involve the court, the collaborative process is terminated automatically.

Another item to ponder is the fees and costs the client can reasonably expect to incur in the collaborative process, including the fees for all the collaborative professionals. It is much cheaper than litigation. However, it may be more expensive than signing a settlement agreement without mediation, or even settling the case at mediation.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden, an Orlando divorce attorney at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.

This article is for informational purposes only; and it does not form an attorney client privilege.