If asked to describe divorce with one word, you could probably come up with over a dozen adjectives, such as “messy,” “painful,” “stressful,” “contentious,” “costly,” and “overwhelming,” to name a few. However, divorce doesn’t have to be fraught with contention, apprehension, and other negative sentiments. A provision in Florida divorce law encourages couples to fairly and amicably dissolve their marriages outside of the courtroom and without costly litigation.
And, no, we’re not talking about “mediation,” the interactive negotiation process component of Florida divorce law. We’re referring to collaborative family law, which legislators added to Florida’s divorce statutes in 2016. With experience securing successful win-win divorce outcomes for their clients through collaborative family law, the divorce lawyers at Tallahassee’s Cowhey + Ward Attorneys at Law can explain how the negotiated process works. Read on to learn about the benefits of resolving divorces via collaborative family law.
Collaborative Family Law Purpose
As enacted by Section 61.55 of the Florida Statutes, the purpose of collaborative family law in context with divorce law is to “encourage the peaceful resolution of disputes and the early resolution of pending litigation through a 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.”
Based on this legislation, the Florida Bar developed “Rule 12.745,” which Florida’s Supreme Court approved in 2017. Upon approval, the Bar’s Family Law Rules Committee attorney, Robert Merlin, said he believes collaborative family law will prove effective at helping terminate more marriages without bitter litigation, and while protecting the interests of both parties in a divorce and their children. He also said that it will help encourage more lawyers to offer collaborative law resolutions to divorce and more clients to seek them.
The Collaborative Family Law Process
Divorcing couples can begin the collaborative law process before filing for divorce or at any stage of pending divorce proceedings. Both spouses in the divorce and their attorneys must sign a participation agreement contract describing issues they plan to resolve through the collaborative approach. Issues that can be addressed via collaborative law include property division, alimony, parenting plans, and time sharing.
If the divorce has been filed with the court, when the parties sign the participation agreement, their attorneys will notify the court with a request to stay (or put a pause on) the legal proceedings. Family law judges can hold a hearing on the request to determine how long to stay the case and the need for status reports and/or periodic status conferences. However, such status reporting can only indicate whether the process is ongoing or concluded and cannot include information about anything raised in the collaborative meetings.
Either divorcing spouse has the right to withdraw from the process at any time for any reason by giving written notice to the other party and their lawyer and to the court, which will lift the stay of proceeding. A spouse automatically withdraws if they file for a contested divorce. However, if a party withdraws, they must get another lawyer, as a Florida lawyer representing a party in a collaborative family law matter cannot represent them in court on the same matter.
The collaborative family law process concludes when the parties sign a written settlement agreement that resolves all or some of the disputed issues. The court will address any unresolved issues before the divorce is finalized. If the collaborative law process fails to reach any resolution, any matters or information shared during the process cannot be raised in subsequent legal proceedings.
Collaborative Family Law in Practice
Collaborative law in practice involves a series of meetings as needed between the spouses and their lawyers to hash out the best means of resolving outstanding issues. Other professionals, such as financial advisors, mediators, or childcare experts, may also be brought into the meetings, with any costs for expert advice shared by the parties. Lawyers who work with clients in the collaborative law process must have special training in the field. This helps ensure that the parties work with the process with transparency, clear communications, and a commitment to securing both a fair and favorable outcome.
Turn to an Experienced Tallahassee Divorce Lawyer
If you would like to avoid the stress, contention, and possible messiness of divorce, consider the collaborative family law approach. With expertise in all elements of family law and a solid record of securing positive outcomes through collaborative family Law, consult with Cowhey + Ward’s Adam Cowhey. To learn more, contact our Tallahassee-based office today at (850) 222-1000.