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Is a Collaborative Divorce Right for You in the Orlando, Florida Area?

You are in the process of obtaining a divorce. You will be interviewing attorneys to decide which one is the best fit for you. You will have choices to decide on how to proceed in the divorce case when you hire the attorney. What are your options? If you meet with an attorney, they will discuss the different options that you have regarding your dissolution of the marriage case. 

The attorney will explain the options and routes that you may pursue in your divorce case. They  will discuss reconciliation, representing yourself (prose), going to mediation with or without an attorney representing you before anything has been filed with e court, filing papers in court with or without an attorney representing you to ask the judge to resolve your family law matter, going to a mediation after papers have been filed in court with or without you being represented by an attorney, and using the Collaborative Law Process.   They will discuss the benefits and risks of each of the process choices. 

Further, if you show an interest in the Collaborative Process, the attorney will explain the nature and scope of your matter to be handled and how the process generally works. They will tell you that the Collaborative Law Process cannot be used by you unless your spouse chooses to use the process as well. They will explain the material benefits and risks on proceeding in the Collaborativ Process.  

The attorney will tell you that if you choose to use the Collaborative Law Process, your participation is voluntary and either you or your spouse can choose to leave the process at any time. That if you and your spouse choose to use the Collaborative Law Process, the process will be terminated if you or your spouse initiate proceedings or seek court intervention except in limited circumstance; and that if you and your spouse choose the Collaborative Law Process, I/we and your spouse’s Collaborative attorney will be disqualified from representing you and your spouse in future litigation in court against each other over the subject matter of the Collaborative Process. 

In the Collaborative Process, both you and your spouse must retain an attorney. The fees and costs will be billed according to the retainer agreement that you enter into. There may be an Addendum to the retainer agreement once you and your spouse officially choose to use the Collaborative Process by signing a Participation Agreement. The other attorney will bill your spouse according to the retainer agreement. 

During the Collaborative Process, usually the team uses a neutral facilitator who most likely will have amental health background. That person will have their own retainer agreement with you and your spouse, and the facilitator will be paid by you and/or your spouse. If there are financial issues in your matter, you and your spouse may retain the services of a neutral financial professional, such as a forensic accountant or a financial planner.  You will enter into a retainer agreement with that neutral too. You will receive monthly invoices from the attorney, financial neutral and mental health neutral.          

If you have more 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. You may also visit my website at: https://www.annmariegildenlaw.com 

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