Collaborative Divorce Law in the Orlando, Florida Area
- March 21, 2022
- ontarget
- Divorce
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Florida Statutes Section 61.55 through 61.58 set forth Florida’s Collaborative Law Process Act. This is a voluntary process designed to operate entirely outside of the court system, except for agreed-upon mandatory filings needed to obtain a judgment on relevant issues.
What the Collaborative Law Process Covers
The purpose of the statute is to create a uniform system of practice for the Collaborative Law process in the state. It is the state’s policy to encourage peaceful resolution of disputes and the early resolution of pending litigation through the voluntary settlement process. The Collaborative Law process is a unique non-adversarial process that preserves a working relationship between the parties and reduces the emotional and financial toll of litigation.
A Collaborative matter is a dispute, transaction, claim, problem, or issue for resolution, including a dispute, a claim, or issue in a proceeding that is described in a Collaborative Law Participation Agreement and arises under Chapter 61 or Chapter 742, including, but not limited to:
- Divorce and divorce issues
- Custody and custody issues
- Alimony, maintenance, and child support
- Relocation
- Paternity
- Premarital, marital, and postnuptial agreements
How the Collaborative Law Process Works
The Collaborative Law process is intended to resolve a Collaborative matter without intervention by a tribunal, in which persons sign a Collaborative Law Participation Agreement and are represented by collaborative attorneys.
The Collaborative Process includes:
- A written Collaborative Participation Agreement
- A Collaborative team
- Other experts, when necessary
- Attendance at collaborative team meetings
- Transparency, including the disclosure to the other of all financial information and information needed for an equitable settlement
- Good faith and transparency
The Collaborative attorneys cannot participate in litigation if the collaborative process is not successful. Each participant has their own Collaborative attorney. Each participant states their individual goals at the Collaborative Team Meeting. Participants can settle some issues, and not other issues in the case. After settlement, parties file a Petition for Dissolution of Marriage. After this happens, a final judgment is entered. If a party has filed a Petition of Dissolution of Marriage in the beginning of the case, then parties can file an abatement of the case to proceed collaboratively.
Reasons to participate in the collaborative process include the following:
- Better way to protect your privacy.
- Non adversarial process.
- Usually less expensive than litigation.
- Participants have a high level of control over the process.
- Participants can be creative in ideas for settlement.
- You can focus on the children and the goal of better preserving family relationship after divorce.
- You have professionals on team to assist you such as mental health neutral and financial neutral.
If you have questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.