Family legal issues, such as a messy divorce, disputes over child custody, and paternity testing, can quickly become ugly when taken to court. An alternative does exist, however, in the form of a collaborative legal process involving you and your partner, spouse, or former co-parent.
Collaborative law refers to how parties can resolve a legal issue privately rather than going to court. A Little Gables collaborative family lawyer can advise you on this process and help you resolve a dispute before it takes a larger toll on you and your family.
Collaborative Law in Florida
Settling a legal issue is not a novel concept, as parties to litigation frequently settle out of court rather than go to trial. In family law, a collaborative process can end in a settlement or help move a dispute forward before involving the court or tribunal.
A collaborative process is often if often a viable option if you and a partner or spouse know there is a problem with your current arrangement but do not want to take on the expense, hassle, and emotional toll of going to court. With a signed participation agreement required under Fla. Stat. § 61.57, participants show a willingness to reach a resolution and usually share the costs of advisors, counsel, and experts as needed.
Willingness to participate is key to the success of collaboration, as one party can easily disrupt the process or misuse it to delay legal action. With the right motivation, you can more easily and inexpensively solve an issue in comparison to suing and potentially fighting in court for months on end.
If you think a family law issue could be resolved through honest negotiations, a Little Gables collaborative attorney could be the most beneficial option. While not the same as bringing a matter before a court, some rules must be followed to have a successful collaboration.
Using the Collaborative Process
Fla. Stat. § 61.57 requires a participation agreement signed by both parties before starting a collaboration. This agreement outlines how the process can end, whether that be after the issue is resolved or partially resolved, or when the process is terminated without reaching a consensus. You can end a collaboration by giving notice, filing in court, or when an attorney is discharged or withdraws.
Because there does not have to be a reason to end the collaborative process, you have flexibility if it seems no resolution is coming or the other side is not negotiating faithfully. Fortunately, the entire process is confidential under Fla. Stat. § 61.58, should you provide for it in the participation agreement.
Your Little Gables attorney can represent you in family negotiations and help you see whether the collaborative process is working. If not, a lawyer can determine if you should file in court to obtain relief.
Discuss Your Situation With a Little Gables Collaborative Family Attorney Today
Although it may seem like the time for talking has passed, collaboration could solve your family issue. If you want to learn more about the process, a knowledgeable Little Gables collaborative family lawyer can help.
By speaking with our lawyers at The Florida Probate & Family Law Firm, you can see if a collaborative process is right for you and your family. Contact us for a free case evaluation today.