What is a collaborative divorce?
Collaborative divorce is a process which is designed to resolve family law cases through informed agreement and without Court intervention.
Here are some characteristics of a typical collaborative family law or divorce case:
- Both parties hire their own separate attorneys who only represent their client.
- All other hired experts (some are listed below) are neutrals who are retained by both parties and who have no allegiance, and will show no favoritism, toward either party.
- A neutral professional is chosen to lead the process who has experience in doing so.
- Other neutral professionals may be hired as needed including CPA’s, mental health experts, appraisers, financial advisors and the like.
- Both spouses agree to make a full disclosure of all relevant facts about their case including full financial disclosure.
- If the case does not settle (but most do) then both attorneys and other neutrals must withdraw from the case and they cannot thereafter be involved in the case. This removes much of any incentive that any attorney or client may have to give up on the process and begin contested litigation.
A thorough agreement is prepared and signed by both spouses, either prior to the beginning of the process or soon thereafter, that spells out the rules of the process in detail.
The defining characteristic of collaborative law which distinguishes it from other dispute resolution processes is the requirement that both attorneys and all other support neutrals must irrevocably withdraw from the case if the spouses meet an impasse and cannot resolve their differences through a written agreement. This takes away the incentive for any of the professionals involved to try to get an unreasonable deal for their client. Compromise is strongly incentivized. Neither the professionals nor the spouses want to end the collaborative case just to start over with litigation and with new professionals.
Collaborative Divorce Resources
David Anton is a founding member of the Next Generation Divorce Group (NGD). This is a Tampa Bay area collaborative law group. Its website can be found at nextgenerationdivorce.com.
Why would you choose the Attorneys at Anton Legal Group to help you with a collaborative divorce?
There are a lot of reasons to choose this firm to assist you through a collaborative divorce. One important reason is experience. David Anton, Esq. was a founding member of the Next Generation Divorce Group of Tampa Bay. He is a formally trained collaborative law attorney. He knows and has working relationships with the other local collaborative family law professionals. Mr. Anton has been continuously involved in all types of alternative dispute resolution, including but not limited to collaborative law, for the past 30 years. He has been a licensed Florida family law mediator for approximately 20 years. Thus, Mr. Anton is educated and experience and well known, all of which is very beneficial when engaging in the collaborative law process.
Our firm also has knowledge in other related areas which are helpful when settling even complex divorce actions. These related areas include accounting, finance, bankruptcy, business organizations, and small businesses administration, to name a few.