This may have brought you both to the conclusion that collaborative divorce will give your family the least caustic, costly and time-consuming divorce possible. So now what? How do you begin to take the steps needed for collaborative divorce?
- Hire your own attorney, according to a wikiHow article, one who is trained and experienced in collaborative practice. You should each meet with your attorney to discuss issues, goals, and any “barriers that could cause the collaborative process to stall or be unsuccessful.” These might include issues of safety, abuse, health, etc.
- Read, agree to, and sign the participation agreement says a com’s article about collaborative divorce. This document holds the couple accountable to the following: negotiating an agreement without going to court, sharing information freely, agreeing on neutral experts if they are needed, and hiring traditional attorneys to replace the collaborative ones if the collaborative process fails.
- Prepare for and make full disclosure of assets and financial information with tax and other supporting documentation.
- Hold four-way meetings which include the couple and their attorneys. The parties communicate through respectful, non-adversarial communication. After the meeting, “Both spouses will secure help from neutral experts as needed to solve any disputes about issues like real estate, parenting issues and financial advisers.”
- Resolve points of contention. Along with the team of professionals, the couple makes decisions about property division, debt, child or spousal support, etc.
- Agreement drawn up. “Your lawyers will draft legal documents that detail your agreements. These legally binding documents are then submitted to the court for approval without you having to go through a long court hearing.”
It is important to remember that not all collaborative approaches work. At times, negotiations stall or break down. In that case, the collaborative team must step down and new litigating attorneys are hired to work through the case in court.
Board Certified Marital and Family Law Attorney in West Palm Beach, Charles D. Jamieson, understands that divorce is an extremely sensitive and important issue. Thanks to extensive experience and a focus on open communication, Attorney Jamieson adeptly addresses the complex issues surrounding divorce while delivering excellent personal service. To discuss divorce in Florida, please contact The Law Firm of Charles D. Jamieson, P.A.The Law Firm of Charles D. Jamieson, P.A. or call 561-478-0312.