Avoiding Court Battles Through the Collaborative Divorce Process

Like most other court cases, divorces are designed to be an adversarial process. That means that you and your spouse can argue each aspect of the case in a courtroom with the assistance of attorneys and expert witnesses. If the parties can’t agree on anything, they can spend months or years litigating, and fighting, their case.

But what happens when the parties aren’t concerned with “winning” and are instead willing to work together to solve their problems? Florida law allows spouses to work together in a process known as collaborative divorce.

Collaborative divorce is a cooperative process for ending a marriage. Instead of arguing about the past, the parties work together to create a future that works for both of them.

In this type of divorce, you and your spouse together with your attorneys determine all of the issues that need to be solved and then get to work negotiating and creating agreements that work for both of you. Issues that may be solved through collaboration include property division, alimony and timesharing. A judge will need to sign off on your agreement, and issues involving children may require further legal proceedings.

Collaborative divorces are designed to save time and money when compared to traditional divorce. They also allow those involved to make decisions for their family instead of placing their lives in the hands of a judge who does not know them.

It is important to note that Florida has special rules that apply when the collaborative process is unsuccessful. If you and your spouse are unable to come to an agreement, you will be forced to continue the case in court and will not be allowed to use the same attorney who represented you in the collaborative process.

If you and your spouse are considering a divorce but do not want to go through the hassle of litigation, contact the Florida collaborative divorce attorneys at the Law Offices of K. Dean Kantaras, P.A.

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