The Collaborative Divorce Process: Is It a Good Fit for Your Fort Lauderdale Divorce?

Not every Fort Lauderdale divorce ends up in court. If you and your spouse are open to working together toward a fair resolution, the collaborative divorce process offers a structured, private alternative to litigation.

A collaborative divorce can save significant time, money, and emotional strain. Our experienced Fort Lauderdale divorce lawyer explains more about the process and how to determine whether it is right for you.

How the Collaborative Process Works in a Fort Lauderdale Divorce

Under the Florida Statutes (Sections 61.55 through 61.58), the collaborative divorce process preserves the working relationship between spouses and reduces the emotional and financial cost of litigation. Both spouses retain their own specially trained attorneys. Then all four parties sign a Collaborative Law Participation Agreement, which commits everyone to resolving all issues outside of court through honest communication and full financial disclosure.

A collaborative team may also include a neutral financial professional and a mental health facilitator to help both spouses make informed, balanced decisions. Under Section 61.56 of the Florida Statutes, divorce-related issues you can address through the collaborative process include:

• Division of marital property and debts;
• Alimony and spousal support;
• Child time-sharing and parenting plan terms;
• Child support calculations;
• Prenuptial, marital, and postmarital agreements.

There’s a disqualification clause built into the participation agreement. If either spouse abandons the collaborative process and files with the court, both attorneys must immediately withdraw. Each spouse then needs to hire new litigation counsel, which adds time and cost and gives everyone at the table a direct incentive to reach a resolution.

Signs the Collaborative Divorce Process is Right for You

A collaborative divorce in Fort Lauderdale works best when both spouses are genuinely willing to negotiate in good faith. It requires transparency, a willingness to share financial information openly, and the composure to stay focused on outcomes rather than conflict.

Signs a collaborative process may be a better fit than going through Broward County Family Court proceedings include:

• Both spouses want to maintain a functional co-parenting relationship after the divorce.
• You value privacy (a collaborative divorce is confidential, while court proceedings are part of the public record).
• You want more control over the outcome.
• Your case involves complex finances or business assets.
• Both spouses are motivated to resolve the case without prolonged court battles.

Collaborative divorce is generally not appropriate when your situation involves domestic violence, a spouse who refuses to disclose financial information, hidden assets, or a partner acting in clear bad faith.

Contact Our Experienced Fort Lauderdale Divorce Lawyer

Going through a divorce in Fort Lauderdale is never easy, but the collaborative approach helps avoid contentious court hearings, protects your rights, and can save both time and money. To find out if it’s an option in your case, contact Vanessa L. Prieto Law Offices.

Our Fort Lauderdale divorce lawyer has the knowledge, training, and experience needed in these cases and helps clients get the best possible outcome. Contact our office and request a consultation today.

Source:

flsenate.gov/Laws/Statutes/2023/61.55