FAQ: Collaborative Divorce
December 12, 2022 | Collaborative Divorce, Frequently Asked Questions (FAQs)
By: Chad Layton, Esq.
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What is a “Collaborative Divorce”?
Answer:
A legal process that provides both spouses with separate collaboratively trained lawyers that help them to resolve all of the conflicts in their divorce without any court litigation.[i]
The Florida Supreme Court has recognized the benefits of the Collaborative Divorce Process regularly. In 2001, the court acknowledged Collaborative Divorce as, “a system that preserve[s] rather than destroy[s] family relationships; … and a system that facilitate[s] the process chosen by the parties”.[ii]
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Is Collaborative Divorce new, why haven’t I heard of it before?
Answer:
Yes, the collaborative divorce process is relatively new in Florida. On March 9, 2016, Florida enacted into law the Collaborative Law Process Act.[iii]
Not only is the collaborative divorce process relatively new to Florida, another reason that you may not have heard about this process is that most of the attorneys in Florida have not gone through the collaborative training needed to utilize this process effectively.
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Is Collaborative Divorce right for me?
Answer:
If you are seeking a peaceful divorce that reduces the emotional and financial toll on your family, yes, in my opinion, collaborative divorce is your best option. This process provides you with a professional team and all of the resources that you will need to obtain a fair resolution in your divorce, without fighting in court.
If you, or a friend of yours, has questions about collaborative divorce in Palm Beach County, we are here to help.
By: Mindful Divorce P.A. [i]
[i] Chadwick M. Layton is a collaborative divorce attorney at Mindful Divorce, P.A. in Palm Beach County, FL. Mr. Layton is also a member of the Palm Beach Association of Collaborative Professionals, International Academy of Collaborative Professionals, Florida Bar Family Law Section, the Susan B. Greenberg Family Law American Inn of Court of the Palm Beaches and the Palm Beach Flagler Rotary Club.
Mindful Divorce P.A.
205 Worth Ave.
Suite 303
Palm Beach, FL 33480
Phone (561) 537-8227
Office E-Mail: Chad@mindfuldivorcepa.com
Office Website: https://www.mindfuldivorcepa.com
[i] Nancy Hutcheson, Esq., The Development of Collaborative Divorce in Florida, 23 Fla. Prac., Florida Family Law § 15:4 (2022).
[ii] In re Report of Family Court Steering Committee, 794 So.2d 518, 523 (Fla.2001).
[iii] Sections 61.55 – 61.58, Florida Statutes