How long does collaborative divorce take in Florida? If you are considering using this avenue, here are a few things you should know.
Collaborative divorce is an alternative to litigation that allows spouses to decide the terms of their divorce without interference from the court. Like mediation, it gives more power and control to both parties while they settle their differences.
One of the most common questions I get from clients is how long their divorce process will take to complete. In general, divorce typically takes up to 18 months, as I explain in this video:
To answer this question accurately, we need to examine the specifics of each case, including the route—whether litigation, mediation, or collaboration—that the clients choose to pursue.
Here’s what to expect when you choose collaborative divorce.
How long does collaborative divorce take in Florida?
The goal of collaborative divorce is to resolve the issues that either spouse is contesting so that they can file for an uncontested divorce. People often complete uncontested divorces within 45-90 days, although the collaborative process can add months to that time frame.
As I explain in a recent article, collaborative divorce takes a non-adversarial approach and allows couples to determine the terms of their legal separation. When using this approach, couples will not agree on everything. For instance, each party may have a different idea about child custody, distribution of property, or alimony arrangements. However, instead of going straight to the courtroom and letting a judge decide for them, they want to try to work out these terms before finalizing the divorce.
Collaborative divorce is one avenue that allows them to do that.
How long does collaborative divorce take in Florida? Get an answer to this and any other questions about Florida family law by contacting our office today.
The Participation Agreement
When spouses decide that collaboration is their best option for divorce, they and their attorneys, as well as anyone else involved in the collaborative process, will sign a participation agreement, also known as a collaborative commitment agreement. This agreement typically stipulates that both parties will disclose all pertinent information—including financial information—voluntarily. When both parties sign this document, they are agreeing that they will make every effort to come to a settlement outside of court.
Sometimes, however, even collaborative divorces cannot avoid the courtroom.
What if we can’t reach a settlement?
If both parties have tried to agree on the terms of the divorce without success, litigation will be necessary. When a collaborative divorce becomes contested, both attorneys involved must withdraw themselves and the parties must hire new attorneys for the litigation process.
Although this might seem like a waste of time, collaborative divorces that don’t reach a settlement may still save time and money. Much of the time, spouses reach an agreement on all but one or two issues, so a lot of the work is completed by the time the case sees the courtroom.
About the Author: Helena Y. Farber is a Divorce attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.