Collaborative divorce is becoming more well-known and more popular in Florida, and for good reason. Discussions regarding custody schedules and division of assets take place in the private offices of collaborative facilitators, attorneys, or financial professionals rather than being battled in the public courtroom. Issues are resolved using the expertise of accountants or financial planners and creativity of trained facilitators rather than the rigid dictates of the law. Tackling the issues inherent in divorce is seen as a team effort rather than a fight to the finish.
Obviously, a case can (and should) become collaborative from the very beginning. The parties and professionals sign a participation agreement where they commit to resolving their family law issues through the process, and they agree not to involve the court system until a full settlement is reached.
But, if a Florida divorce or other family law case has already been filed, can it later become collaborative?