Collaborative Law

Florida Collaborative Divorce Can Be a Better Alternative

Get legal support, advocacy and guidance without going to court

Ending a marriage can be expensive, complicated and contentious—especially if you litigate in court. Collaborative divorce enables spouses to divorce without the stress, delay, and expense of litigation. In collaborative divorce, each spouse hires a lawyer and all four parties meet to identify, negotiate and resolve issues involved in ending the marriage.

Collaborative divorce requires both lawyers and both spouses to commit to:

• Negotiating a resolution without going to court
• Sharing relevant information via open, honest communication
• Creating a solution that considers the priorities of both spouses and any children

In collaborative divorce, if any member of the collaborative team (spouse, lawyer or other professional) violates any of these commitments, the lawyers and professionals must withdraw from the case and cannot represent the spouses or testify in court. This is an incentive for all parties to behave respectfully and negotiate resolutions in good faith.

That’s why a key element of a successful collaborative divorce is finding an attorney who is familiar with and committed to the collaborative process in Florida. The attorneys at contact Law Offices of Matthew Z. Martell, P.A., can help you determine if collaborative divorce is a good choice for your divorce.

Collaborative divorce is often a good alternative to litigation, settlements, or mediation

Collaborative divorce is not the only alternative to litigation. Depending on your circumstances, a settlement or mediation may also be a good choice. Settlements are usually the result of a contentious adversarial court case. In most cases, significant time and money have already been invested before the parties even begin to negotiate a settlement.

While usually less expensive than litigation or out-of-court settlements, mediation also has some pitfalls. In mediation, both spouses face each other directly with a neutral mediator who helps them reach agreement—usually without either party’s attorney present. Mediators ensure the integrity of the mediation process, but they do not advocate for either party, like a personal attorney does.

Collaborative divorce is a non-adversarial way to get both parties to reach an agreement with their lawyers present as participants, advocates and consultants. It usually costs a fraction of the expense of going to court.In addition to each spouse having an attorney, the participants may also agree to have other professionals join the team, including:

• Divorce coaches or other mental health professionals to help you manage the stress and emotional impact of your changing relationship
• Financial specialists, appraisers and/or accountants to help you determine your financial options and protect each spouse’s interests
• Child specialists to look out for the interests of any children

Instead of being adversarial experts, these professionals work jointly with both parties. They should also be trained in collaborative divorce practices. Our collaborative divorce lawyers can recommend any professionals who will be helpful during the collaborative divorce process.

If are a considering divorce, contact Law Offices of Matthew Z. Martell, P.A.

The attorneys at Law Offices of Matthew Z. Martell, P.A. help our clients in Lakewood Ranch, Florida determine the best option for dissolving their marriage. We will review your case and advise you if collaborative divorce is a good alternative for your circumstances.

Contact Law Offices of Matthew Z. Martell, P.A. for the experienced, compassionate representation to help you through your divorce.

Call (941) 556-7020 or contact us online to speak with a Lakewood Ranch attorney from Law Offices of Matthew Z. Martell, P.A. today.