Collaborative Divorce: An Alternative Method To Resolving Divorce Issues

Last updated on January 16, 2025

When most people think about divorce, they picture a courtroom setting and spouses engaged in heated disputes. While this type of divorce does happen, it’s not the only way to go through a divorce. Many Vero Beach spouses want to avoid the stress of the courtroom and desire more control over the process. This is where collaborative divorce comes in.

At Napier & Rollin, PLLC, our experienced divorce attorneys are both trained collaborative attorneys and members of the Brevard and Treasure Coast Florida Collaborative Law Groups. We have the skill and knowledge to tackle divorce through this alternative means, which focuses on working together through negotiation to achieve a favorable divorce settlement.

What Is Collaborative Law?

Collaborative law is a noncourt process to resolve disputes where the parties are at the center of the solution-building process and assisted by a personalized team of professionals. A collaborative “case” begins when two parties sign a contract called a collaborative “participation agreement” which obligates them to work in good faith toward a mutually agreeable solution.

In this process, you and your spouse will each have your own attorney to keep you fully informed of your legal rights. However, instead of going to war, your attorneys are your advocates for solutions that reduce the emotional and financial collateral damage that often occurs in traditional divorce litigation.

A neutral mental health professional serves to guide the collaborative team and neutral financial professionals often support the parties to make well-informed decisions. Divorce lends itself well to the collaborative approach. In many ways, a collaborative divorce is a no-nonsense approach to tackling obstacles to a healthy separation. Many other types of family law cases and business cases are also well-addressed using collaborative law.

Is Collaborative Divorce Right For You?

This process does not work for everyone. You must go into the collaborative process with an open and willing mindset to cooperate with your spouse and prioritize negotiation over disputes. The nature of collaborative law is problem-solving and conflict resolution, whereas litigation lends itself to hostile competition.

Here are more examples of how collaborative law differs from traditional litigated divorce:

• The overall goal: Collaborative law focuses on restructuring the family to preserve relationships and assets as best we can, while traditional divorce prioritizes winning the most issues even if the costs are high and hurt some relationships.
• Children: Collaborative divorce prioritizes a child’s well-being and they are never used as bargaining chips. Both parents’ historical roles are respected but new roles are carefully shaped in the best interests of the children while recognizing that life is going to be different after divorce. In traditional divorce, one or both parents put their needs first and the children suffer from a lack of positive parenting, parental alienation and being used as bargaining chips.
• Privacy and confidentiality: There is maximum privacy to promote collaborative solutions in collaborative divorce. With few legal exceptions, the entire process is confidential. Embarrassing details and financial information are never placed on the public record, whereas in traditional divorce, aggressive positions result in harsh allegations placed on the permanent public record along with financial information. Hearings are public and only limited information is protected by law.
• Support and alimony: Through collaborative law, creative and fair agreements help both sides move on with a plan for financial security and independence. However, traditional divorce often leads to financial catastrophe and prevents clean separation.
• Timeliness: With collaborative divorce, it is possible to reach an agreement immediately, but it typically takes 30-120 days. Complicated cases may take longer. However, it’s not as long as traditional divorce, which can last anywhere between eight months and two years.
• Costs: In collaborative divorce, resources are spent on getting the right team to achieve the best result at a fraction of the cost of traditional litigation, where resources are taxed to the maximum limit of the parties’ capabilities. Lawyers and experts get paid instead of the parties saving for retirement or their children’s education.

By choosing a collaborative divorce, you have more control over the process and the outcome of your divorce. You and your spouse are in charge of creating a fair and customized agreement yourselves with the assistance of your lawyers and other experts. The collaborative process rarely fails to result in an agreement, but if you are unable to reach a settlement, either you or your spouse can file a lawsuit for a litigated divorce.

Skilled Guidance Through Every Step Of The Collaborative Process

We understand that collaborative divorce may not work for everyone. If you’re interested in this method, contact our firm today to discuss your situation and determine if collaborative divorce will work for you. Call 772-408-9770 or send us an email online. We proudly represent spouses throughout Vero Beach and Indian County.

We also serve people in the cities of Melbourne and Stewart and across St Lucie, Martin and Brevard Counties.