Can You Avoid the Court with a Collaborative Divorce Attorney?

Is it possible to skip out on court with a divorce? Yes, but you’ll need a collaborative divorce attorney to avoid litigation and assure your interests are protected.

Fear of the unknown with going to court is one of the biggest concerns when it comes to the dissolution of marriage. It’s enough to experience the divorce, but entrusting the future of your love life, mutual property, and even the time you are permitted to spend with your child to the decision of a judge is something many strive to avoid.

Is it possible to get a divorce without going to court?

If you can agree on the terms with your spouse using collaborative divorce methods, then you can aim to avoid the court altogether with a dissolution of marriage in Florida.

Collaborative divorce is a collaborative practice used by lawyers to allow both parties to reach an agreement without going to court. Each spouse and attorney are required to sign a “no court” agreement, and if you do decide to go to court after signing this agreement, your attorneys must withdraw. If it does go to court, this would require each of you to start over and find a new attorney to proceed. In fact, this stipulation acts as an incentive to maintain cooperation with the collaborative practice until finally reaching an agreement.

What should you expect with collaborative divorce?

Both spouses must hire a collaborative attorney who is specially trained to advise and assist with the process. If you choose a collaborative divorce, you can expect to negotiate a settlement that includes the division of property. In addition, it may also include spousal and/or child support amounts, as well as the terms of shared child custody and parental responsibilities.

How does collaborative divorce work?

Both parties reach a settlement by negotiating terms in a meeting. Each spouse and their attorney must be present. The style of meetings are informal and flexible, and may even allow the attorneys to bring in additional collaborative professionals to help you reach an agreement. Many choose collaborative divorce to not only avoid going to court but also save money on costly litigation. Collaborative divorce is, on average, less expensive than litigation.

How should you go about initiating a collaborative divorce?

First, make an appointment, and meet with a collaborative divorce attorney. Then refer your spouse to a trained collaborative divorce attorney to begin the process. While working to reach a settlement and come to an agreement, you will have much more control over the outcome of the dissolution of marriage and collaborative divorce process than you would if either spouse decides to initiate litigation and go to court.

This means all the terms of the divorce settlement can be agreed upon before signing the documents. With collaborative divorce, there is no “fear of the unknown” because everyone understands and agrees upon the stipulations of the settlement before the conclusion of the dissolution of marriage takes place.

Ready to proceed with a collaborative divorce? Dean Tsourakis, an experienced Family Law and Collaborative Divorce attorney in the Clearwater area, can help you reach an agreement. Call today to set up a consultation.

SOURCES:

Collaborative Divorce

Mediation vs. Collaboration: Factors to Consider in Choosing the Right Approach for You