Wellington Collaborative Divorce Lawyer

Wellington Collaborative Divorce Attorney

When two individuals decide to enter a collaborative divorce, it signals that the splitting couple believes they can come to an amicable decision without court intervention. This is particularly advantageous when they are still on good terms, as resolving matters through a collaborative divorce can be much more cost-effective. For assistance in the process, consult a Wellington, FL, collaborative divorce lawyer.

At Benzion Law, we stand up for the rights of our clients every day. We know how important it is to resolve pressing legal issues between family members as quickly as possible. That is why, after being hired, we get to work right away for you. From day one, we commit to learning everything we can about your case. This positions us to recommend different legal strategies that can have a huge impact on your divorce and achieve the goals you’re seeking.

What Is the Process of a Collaborative Divorce in Florida?

Collaborative divorce is distinguished by its structured, out-of-court process. It provides a space where couples can work together on their issues without public pressure or intervention from a judge.

Here is what you can expect if your collaborative divorce is happening in Florida:

Consult a Collaborative Divorce Lawyer

Step one is to hire a divorce lawyer who understands collaborative divorce or can guide you through an uncontested divorce if you and your spouse are already in agreement. This is important, as these attorneys are trained to not approach divorce with a litigation mindset. Rather, they can focus on helping you and your ex-spouse reach an agreement that benefits both of you. During this consultation, your lawyer can give you more information on how collaborative and uncontested divorces work. This can help you decide if it’s the right fit for your situation.

Sign a Participation Agreement

You, your ex-spouse, and your attorneys will be required to sign a participation agreement that outlines the terms of the collaborative divorce process.

In this agreement you will typically find:

• A commitment to resolving disputes outside of court
• Full disclosure of everyone’s finances and personal information
• A pledge to maintain respectful communication
• Acknowledgement that, if the collaborative divorce attempt fails, the case will advance to litigation.

This makes sure both parties are committed to remain engaged in the collaborative divorce process, rather than resorting to adversarial tactics. It’s an extra layer of protection to shield you from any attempts to take advantage of your rights. It also keeps your spouse from making the process unproductive on purpose.

Engage in Negotiations and Settlement Discussions

A series of joint meetings will happen, where both spouses and their attorneys work together to negotiate a fair divorce settlement.

These discussions will involve topics such as:

• Division of marital assets and debts
• Spousal support
• Child custody and parenting plans
• Child support

The end goal is to reach a mutual agreement through open and honest communication, rather than confrontation.

Draft the Final Divorce Agreement

Once an agreement has been reached, the attorneys draft the official settlement that outlines all the divorce terms the couple agreed to. If the couple had children together, a parenting plan will be part of this. It establishes custody arrangements and decision-making responsibilities. Both spouses will review the information in detail with their lawyers before signing. This makes sure it is accurate and meets their needs.

File the Agreement With the Court

While decisions through collaborative divorce are made outside of court, the final agreement still needs to be submitted to the Florida family court for approval. At this point, the judge will review all the documents to make sure the decisions the couple reached together are legal. If they agree with everything as it is written, including how the new structured plan is in the children’s best interests, they will approve and issue a final divorce decree to end the marriage.

FAQs

Q: What Are the Key Benefits of Collaborative Divorce in Wellington, Florida?

A: Under Florida Statutes 61.55-61.58, there are a number of key benefits that make collaborative divorce in Wellington, Florida, an attractive option for couples looking to split more amicably. For instance, this process allows couples to maintain privacy since negotiations are not conducted in a public court setting. It’s also a lot faster and less expensive because it avoids lengthy court proceedings. Furthermore, it can preserve relationships, which is important in co-parenting situations.

Q: What Happens If the Collaborative Divorce Process Fails?

A: Florida Statute 61.57 makes it clear that either party has the right to terminate the attempt to reach a solution through a collaborative divorce. At this point, both attorneys involved must withdraw themselves from representing these clients in any future litigation related to this divorce. It’s up to the parties to find new legal representation, who must familiarize themselves with their cases, and then prepare and present those cases in court through traditional litigation.

Q: How Does Collaborative Divorce Differ From Mediation?

A: Although collaborative divorce and mediation are similar alternative resolution options, they have a few distinguishing characteristics. First, mediation involves a neutral third party, who facilitates discussions. They do not represent either spouse. This differs from a collaborative divorce, where both spouses have their own attorneys. Collaborative divorce also enables the parties to bring in other experienced voices to help resolve matters, such as financial or mental health professionals.

Q: How Much Does a Collaborative Divorce Cost in Florida?

A: The total cost of a collaborative divorce in Florida varies widely based on:

• The nature of the case
• The number of professionals who are involved
• How long does the divorce and final settlement process take

Because collaborative divorce avoids lengthy court battles in many cases, it keeps the legal fees down. To get an accurate estimate of how much you can expect to pay, be sure to bring this up during your initial consultation with your attorney.

Contact Benzion Law Today

If you are looking at the prospect of a divorce in Florida and are curious to learn more about collaborative divorce, contact our firm today. We are well-versed in this process, and we would be happy to explain the details of this option to see if it meets your needs. If so, we can represent you and your interests to help you and the rest of your family move forward, with everyone’s needs balanced. We look forward to hearing from you.