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Collaborative Divorce 101

Posted on November 5, 2020

Divorce can shatter relationships, divide families, and create toxic environments. 

In public courtrooms, divorce cases may involve painful and contentious verbal exchanges. 

But divorce need not follow this path. There is another way. 

Collaborative divorce is a compelling alternative to traditional divorce litigation in the state of Florida. 

How is collaborative divorce different?

Collaborative divorce allows both spouses and their respective lawyers to work collaboratively towards an agreement that satisfies both parties.  This process permits the spouses, along with a small team, to work together in a safe, confidential environment to determine a binding, mutually acceptable outcome.  Conversations are held privately in an office or neutral location rather than in public court.  The divorcing pair are encouraged to be relaxed, transparent, and open during discussions. 

What is the main benefit of collaborative divorce?

Since the divorcing couple is active in constructing the outcome alongside their attorneys, the process is less contentious and results in a more suitable solution for both sides.  Collaborative lawyers have one goal in this process – to come to an agreement that works for both sides. 

When can collaborative divorce be used?

Collaborative divorce can be used in domestic relationship divorce or agreement modification.

Why else should a couple consider collaborative divorce?

Collaborative divorce not only helps individuals keep their lives private, but it also provides a positive, team-oriented environment.  Rather than attorneys litigating against each other’s clients, the goal of collaborative divorce is to achieve a positive, healthy outcome for the family. 

Who would typically be involved in the collaborative divorce process?

Collaborative divorce typically includes the following professionals:

  • Attorneys for each spouse.  As a prerequisite for collaborative divorce, neither attorney will be able to represent the client if the collaborative divorce fails; hence both attorneys are vested in the process.
  • A mental health professional who facilitates the conversation and leads the group to an agreement.
  • A finance expert who assists the spouses in determining how to equitably distribute assets (investments, accounts, small businesses, etc.) and liabilities, as well as address potential small business ownership issues and taxes.
  • Optional:
    • A child psychologist or parenting advisor can help determine the best interests of the children, create a time-sharing plan and schedule, and help the family through the transition. 
    • If needed, a real estate broker may be involved if properties need to be appraised or sold.

Can information extracted during collaborative divorce be used in court?

Except in limited instances, information exchanged during the process is considered confidential and cannot be used against either party in court. 

The attorneys at Troy Legal are certified and well-versed in the collaborative divorce process.  If you are interested in learning more about collaborative divorce, our compassionate attorneys provide private complementary consultations.  For more information, contact us at Troy Legal, (561) 910-4570

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Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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