Traditionally, divorces were litigated in front of a judge with each side battling it out against the other to address issues like equitable distribution of the marital estate, spousal support (alimony), child custody, and child support. Eventually, these divorces clogged up the courtrooms, and mediation was introduced to help take some of the pressure off the courts. Today, Hillsborough County where Tampa is located requires couples to at least try to mediate their divorces before proceeding to litigation. The main problem here is that mediation requires the couple to be mostly on the same page to successfully resolve their issues.
There is an alternative to both mediation and litigation that allows you to reduce costs associated with divorce and keep your private matters confidential. It’s known as collaborative divorce and it helps couples who may be far apart when it comes to mediation avoid the costs and pitfalls of litigation.
Understanding collaborative divorce
In a collaborative divorce, the clients and each lawyer sign a contract called a “collaborative participation agreement.” Under the agreement, the lawyers are not allowed to participate in contested court proceedings on behalf of those clients. Everyone is focused on resolving the couple’s issues, not battling against an opponent. Under the terms of the contract, even threatening litigation can cause the breakdown of the proceedings.
The collaborative divorce process allows couples to achieve creative, flexible, and private settlement of family law matters without going to court. The majority of couples who engage in this process reach a full agreement. Instead of being emotionally and financially drained by the litigation process, they’re able to sit across from one another and hammer out an arrangement that’s in everyone’s best interests.
One of the top benefits of the collaborative law process is that it allows you to keep the proceedings private. Any matter that goes before a judge is a matter of public record. The collaborative divorce process, however, is private, keeping your sensitive information out of the public’s hands.
Why choose collaborative divorce?
It’s important to recognize that, if you have children, your relationship with your former spouse will continue for the next several years. Collaborative divorce is not an adversarial process. Many people choose collaborative divorce because they want to:
- Build flexible parenting plans that meet the best interests of their children
- Avoid the confrontation, expense, time, and stress of litigation
- Keep sensitive financial, business, or personal information confidential
- Keep the decision-making process in their hands as opposed to allowing a stranger (the judge) to decide their affairs
Collaborative divorce is generally more efficient than litigation. It takes less time and it costs less money. You could be in court for years battling it out with your former spouse on matters such as equitable distribution of the marital estate, alimony, child custody, and child support. Collaborative divorce effectively resolves the issues without a judge making decisions on your behalf.
Talk to a Tampa, FL Divorce Lawyer Today
Westchase Law, P.A. represents the interests of divorcing couples in Tampa, FL. Call our Tampa, FL family lawyers today to schedule an appointment, and learn more about how we can help.