COLLABORATIVE FAMILY LAW

The traditional way of getting a divorce is to involve the court system from the beginning. Each party takes a position as to what he or she wants from the outset. Then time, money, and emotions ensue to get a result as close to the position taken as possible. Position-taking and the adversarial nature of litigation may cause the parties’ positions to become even further apart and further away from a settlement. If the case is tried, results are limited by the options provided by law. The court records of the case are open to the public. By the time the case is over, the parties may have spent a great deal of money on attorneys’ fees, leaving far less money for each to start a new life, and their relationship with each other may be far worse than it had been before the litigation.

Parents who are unable to cooperate with each other or bear hostility toward one another may damage their children emotionally. Thus, the traditional divorce process can impact negatively on the children of divorce.

Collaborative family law is designed to have couples make an attempt to resolve their legal issues cooperatively and non-adversarially. Options may be greater than the minimum that the law allows. The only lawsuit filed is for an uncontested dissolution of marriage once a settlement has been reached.

So how do you get started in getting a divorce the collaborative way? Your spouse and you would need to agree to have your case handled collaboratively. Each of you retains your own lawyer who is specially trained in the principles of collaborative family law and is a member of a collaborative family law practice group. (Linda Singer is a member of the Collaborative Family Law Institute, which is a group of Miami-Dade lawyers who practice collaborative family law). Your spouse, you, and both of your attorneys meet in a series of conferences and make mutually agreed-upon decisions concerning your case.

DISSOLUTION OF MARRIAGE REQUIREMENTS

RESIDENCY: One of the spouses must be a resident of the State of Florida for the past six months.

DISCLOSURE: A proper financial affidavit must be filed before a dissolution of marriage can be granted. The parties are required to exchange mandatory financial disclosure within 45 days after the opposing party is served with the petition, unless the parties agree in writing to waive that requirement.

GROUNDS: The marriage is irretrievably broken or one of the parties has been adjudged to be mentally incapacitated according to the provisions of Florida Statute Section 744.331 for at least the last three years. There is no requirement that the other spouse must consent to a dissolution of marriage.

COURSE: All parties to a dissolution of marriage proceeding with minor children or a paternity action which involves issues of parental responsibility shall be required to complete the Parent Education and Family Stabilization Course prior to the entry by the court of a final judgment. The court may excuse a party from attending the parenting course for good cause.