Collaborative Family Law
South Florida Board Certified Family Law Specialist
What is Collaborative Law?
Collaborative law is a new out-of-court alternative to resolve family law disputes and may also be referred to as collaborative divorce, or collaborative family law. As a process, collaborative law lives up to its name in that families collaborate, or cooperate, working together to resolve issues to meet the needs and best interests of the family.
As an alternative to adversarial courtroom procedures, collaborative law avoids conflict and engenders mutual respect, along with constructive solutions and a humane approach to ending relationships. For a couple that wants amicable interaction after a divorce for their children’s sake, collaborative law is ideal.
Advantages of Collaborative Family Law
- Spouses agree not to go to court.
- Both spouse’s needs are considered.
- A beneficial sequence is determined for approaching issues.
- Pace is set based on the spouse’s ability to deal with issues.
- Joint solutions consider the top priorities of spouses and children.
- Children may express their needs and preferences through a child specialist.
- Children’s best interests are given high priority.
- Lawyers strive to minimize trauma for both spouses.
- The goal is to enhance and maintain open communication.
- Spouses fully and honestly exchange information.
- Assets and liabilities are disclosed.
- Private matters remain confidential, not a part of public record.
- Decisions are under the spouse’s control and not subject to court rule.
- Couples can negotiate a mutually acceptable resolution.
- Parties aim for settlements that reduce costs.
- Divorces can be finalized more quickly than through litigation.
- Many couples find their open and honest relationship continues after divorce.
Collaborative Law Process
Each couple and their lawyers participate in four-way sessions to deal with the issues in conflict through face-to-face discussions outside of court. Frequently conducted in an informal office setting, lawyers take on the role of problem solvers rather than adversaries. As needed, other professionals may be called in, such as financial consultants for property division issues, divorce coaches, or child behavioral specialists to help resolve child related issues. All aspects of divorce may be addressed—child custody, visitation, child support, maintenance (alimony), and property division.
What if no settlement can be reached?
In the event that no settlement can be reached through collaborative law, spouses may pursue litigation, in which case their collaborative lawyers will withdraw from the case, and each party must retain a different attorney for litigation.
If some issues are resolved through collaborative law and others are not, settlement agreements may be drawn up and unsettled issues may be addressed through mediation, arbitration, or litigation, using new lawyers.
Significant time and expense is often saved even when some issues remain that require other methods of resolution. Information disclosed during collaborative sessions may only be used during trial if both parties consent.
For most cases, collaborative law reduces the likelihood of negative outcomes. Attorney Carmen M. Morales is highly skilled in collaborative law and has extensive experience as a family law attorney.
To find out more about collaborative family law, contact our Miami law firm at 305-379-4221 to arrange a consultation.
Helpful links on Collaborative Family Law:
