When you decide to get a divorce, you actually have multiple options for how you wish to proceed. You can take the traditional route and go through court, but if you would rather avoid arguments and legal fights, you might want to consider a collaborative divorce. Here, we’ll explain the collaborative divorce process and how it differs from going to court in the state of Florida.
What is the Collaborative Divorce Process?
The collaborative divorce process works outside the courtroom. This option is different from the traditional route of how to file for divorce in multiple ways. You may find it is more favorable to how you want to see your divorce play out.
These three benefits of collaborative divorce alone – saving time, money, and privacy – ensure this remains popular among divorcing couples. However, collaborative divorce largely works for a select group of people.
First, those going into collaboration must work civilly with their partner. Note that this does not mean partners must agree on everything. Agreeing just to get it over with is something we advise not to do during divorce. However, they must put aside their differences and emotions in order to reach mutually agreeable decisions.
Next, those going into collaboration must have the ability to compromise. Collaboration means both partners work together to reach an end destination that both can live with. If one party wants everything to go their way and refuses to compromise over anything, collaboration will not work.
Of course, if one partner has accusations of abuse or mistreatment, collaboration will not serve as a good option, either. In such cases, it is often better to get the official legal decision of a judge in a court of law.
Collaborative Divorce Process vs Traditional Divorce Process
Over the years, studies have shown that collaborative divorce often leads to better outcomes for both parties. However, not every couple is in a situation that may allow for a collaborative divorce to exist as a realistic option. What situations work well for it, and what situations should lead to its avoidance?
Collaborative Divorce Process Happens Outside of Court
The biggest difference is that you will not have to go to court and plead your case for a divorce. You will work outside the courthouse and with each other to agree on all the terms. You, your spouse, and your legal representation hammer out the details instead of having multiple court hearings. This means a collaborative divorce cost much less than a traditional divorce.
Judges Don’t Rule Over the Collaborative Divorces
The traditional option for divorce leaves a lot of the decisions in the hands of a judge. With collaborative divorce, you make the decisions. You and your spouse know the most about your family and your situation, so it seems natural that you should be the person to make the decisions, and a collaborative process gives you the chance to do that. You may find this more advantageous because you can make whatever choices you want, whereas a judge has to follow the law on how to decide things.
Collaborative divorce provides you with more freedom in the process. You are not under the thumb of a judge or court, and you can drive the process based on your personal needs.
For more information, contact one of our Tampa collaborative divorce attorneys.
