More and more people are deciding that they want to avoid the traditional adversarial divorce court system and instead handle their family law matter privately and respectfully via the collaborative process. In collaborative divorce, each spouse receives independent legal advice from his or her own attorney, and the attorneys are retained solely for the purpose of reaching an out-of-court agreement. Oftentimes, experts will be brought in to help with parenting or financial issues.
As collaborative divorce is becoming more popular and since Florida Governor Rick Scott signed the Collaborative Law Process Act in March 2016, more attorneys who are steeped in the old system of divorce court are now advertising that they offer collaborative services. The issue is that the skillset needed to successfully help clients reach dignified agreements in collaborative practice is very different than the skillset needed to be an aggressive trial lawyer.
Below are four questions you should ask any attorney you are interviewing to possibly represent you in the collaborative divorce process.