Collaborative law offers an alternative to traditional court proceedings for resolving family law matters, including divorce and paternity. Through a structured, non-adversarial process, both parties work with their attorneys and other experts as needed to reach mutual agreements in a confidential, low-stress environment. The purpose of collaborative law is to find a starting point for discussions while streamlining the divorce or custody process. Collaborative law usually requires a formal or informal agreement to certain conditions such as agreeing not to sue (or threaten to sue) and to remain fully transparent throughout the process. Threatening to sue the other party, hiding assets or lying can result in the termination of collaborative law and resuming (or beginning) the legal divorce process in court.
Bacchus Law Group provides representation in both divorce and paternity cases. These areas represent the majority of collaborative law cases. However, there are both benefits and drawbacks to collaborative divorce. While collaborative divorces can be cheaper, faster and much lower-stress, engaging in collaborative law is not a guarantee. High-conflict spouses may not be able to fully engage with the collaborative process, and the incentive to resolve disputes quickly may result in some spouses simply agreeing for the sake of completing the process, rather than pushing for what they believe is right.
Collaborative Divorce
Collaborative divorce is what it sounds like—a way to get divorced in a more collaborative and less combative way without a court’s intervention. This process is far more effective for couples who want to divorce amicably and peacefully and avoid the high costs and lengthy battles in a courtroom. Collaborative divorce can almost, or entirely, avoid time spent in a courtroom.
Under Florida Law, a collaborative divorce begins once spouses enter a collaborative law participation agreement. Although the agreement can initially feel like a formality, it is a roadmap for future collaborative discussions between spouses and drives the relationship between spouses and their attorneys. The agreement will outline the remaining issues to be addressed, describe the parties’ intent to forgo courtroom litigation, and explain what happens if the collaborative process fails.
If spouses cannot resolve their issues and choose to litigate in court, the attorneys who represented them in collaborative divorce cannot represent them in a courtroom divorce proceeding. Spouses begin the collaborative process knowing this, providing a high incentive to work together and resolve all issues. Although attorneys cannot serve in both collaborative and litigation roles for spouses, attorneys still advocate for their client’s interests just as they would in a courtroom setting.
Collaborative Paternity
Collaborative paternity is a form of alternative dispute resolution that provides a more peaceful approach to resolving paternity disputes. Unlike a courtroom, collaborative paternity involves negotiations and mutual problem-solving in an informal setting. Often, collaborative meetings occur in casual office settings. Like a court case before a judge, the collaborative paternity process can resolve issues and disputes unique to a specific family, including legal and physical custody, parenting time schedules, and child support. These topics provide both parents considerable opportunity to address all concerns about issues that directly impact the child, such as:
- Healthcare practices and medical decisions
- Religious upbringing
- Schooling
- Living arrangements
- Time spent with the child
- Finances
Before starting a collaborative approach, parents should understand that it is not the same as mediation. Although parents can mediate many parenting disputes, mediation requires a trained, neutral mediator to guide negotiations. Mediators lead negotiations rather than parents’ attorneys, and unlike collaborative law, mediation is much easier to walk away without any agreements if the attempt is unsuccessful.
Additional Resources
Florida Collaborative Law White Paper – The state of Florida provides an outline for the collaborative law process, including what constitutes a collaborative law case, how the process is started, and when it may become necessary to stop the collaborative law process.
Florida Bar for Collaborative Law – Similar to the state of Florida’s White Paper, the Florida BAR also provides an overview of the collaborative process in simpler language.
Hire a Collaborative Law Attorney in Palm Beach, Florida
If you are preparing to, or currently undergoing, a divorce or child custody agreement, consider hiring a collaborative lawyer. Nisha Bacchus is a skilled collaborative divorce attorney that has extensive experience in all family law matters and is dedicated to protecting clients’ interests both in and out of court. Bacchus Law Firm works with our clients to ensure cases are completed efficiently and with your best interests in mind.
Call (954) 500-5555 to secure an initial consultation with Bacchus Law Firm today. We accept cases throughout the Greater Miami-metropolitan area in cities like West Palm Beach, LaBelle, Miami, and East Naples, Florida.
