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Collaborative
Divorce
FAQ:
Q
A
without
having to go
to court.
It’s a means of
resolving your divorce
through negotiations,
without
having to go
to court.
What is collaborative
divorce?
Q
A team effort.
Collaborative divorce is a
team effort.
With collaborative divorce, both
parties and their attorneys commit to
working together, toward a mutually
beneficial resolution of the divorce. 
How is collaborative
divorce different from
mediation?
With mediation, the parties and their
attorneys take sides against each other,
with the mediator in the middle to help
negotiate disputes.
Put another way:
With collaborative divorce,
the goal is: What is best for
us? With mediation, the goal
is: What is best for me?
Q
A
Less
expensive.
2) Less
expensive.
Why choose
collaborative divorce?
1
Less contentious than a
contested divorce, whether
resolved through the court
system or by mediation.
4) Allows for great
creativity
and flexibility
in resolving issues
and fashioning
a settlement
agreement
that works for
your family.
3Gives you and
your spouse
control over the
outcome of your
divorce, rather
than leaving
such important
decisions in the
hands of a judge.
Q
A Yes!Yes!Both you and your
spouse will need
to retain independent
counsel, specially
trained in
collaborative divorce.
Do I need my
own attorney?
Q
A The collaborative divorce process
begins with the signing of a
Participation Agreement. The
Participation Agreement formalizes
the goals and the ground rules of
the negotiations.
Common provisions include: 
What is a Participation
Agreement?
✔
✔
fairly,
The goal of the collaborative process is to
negotiate a settlement that treats everyone
fairly,and not to litigate.
civility and courtesy.
All persons
involved in the negotiations
will treat each other with
civility and courtesy.
✔
✔Neither party will attempt to
take advantage of mistakes
made by the other party or
by his or her attorney. 
share information
Both spouses agree to freely and voluntarily
share information
and documents, so that each can make
fully-informed decisions.
✔The negotiations are
confidential;
The negotiations are
confidential;neither spouse will disclose, or attempt
to use in subsequent court proceedings,
anything that is said or done during the
collaborative divorce process. 
✔The parties will seek the advice of
experts– e.g., accountants, tax and
financial advisers, and mental health
professionals – who will provide unbiased
advice, as needed. 
global
settlement,
The attorneys will exercise their best
efforts to negotiate and finalize a
global
settlement,and will not participate in litigation (court
proceedings) should the collaborative
process be unsuccessful.
Q
A You, your spouse, and your
attorneys will meet to discuss the
issues that need to be resolved and
the best way to do so to ensure that
everyone involved is treated fairly. 
How does the collaborative
process work?
Other members of the
collaborative divorce team
also may be present,
Other members of the
collaborative divorce team
also may be present,
including, for example, a financial adviser
or mental health professional. You should
expect to meet several times. When all
the issues are resolved, the attorneys
will draft an agreement for you and your
spouse to sign.
Q
A If you are unable to reach
an agreement through the
collaborative process,
you can still pursue your divorce
through the court system.
What happens if it
doesn’t work?
However,However,you and your spouse both will
have to retain new counsel.
Your collaborative divorce
attorneys will not represent
you in the litigation.
Q
AT
rying to fit an emotionally-charged
divorce into the confines of the
traditional civil court litigation
system can feel like trying to fit a square
peg into a round hole. Collaborative
divorce is an alternative to the traditional
approach. The hallmarks of collaborative
divorce are: 
Summary
A spirit of
cooperation
and teamwork
Open and honest
communication and sharing of
information and documents
FlexibilityFlexibilityin resolving issues and crafting a settlement
agreement that is fair to all parties.
© James Publishing

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Divorce attorneys in Tampa, Florida | Collaborative Divorce

  • 2. Q A without having to go to court. It’s a means of resolving your divorce through negotiations, without having to go to court. What is collaborative divorce?
  • 3. Q A team effort. Collaborative divorce is a team effort. With collaborative divorce, both parties and their attorneys commit to working together, toward a mutually beneficial resolution of the divorce.  How is collaborative divorce different from mediation?
  • 4. With mediation, the parties and their attorneys take sides against each other, with the mediator in the middle to help negotiate disputes. Put another way: With collaborative divorce, the goal is: What is best for us? With mediation, the goal is: What is best for me?
  • 5. Q A Less expensive. 2) Less expensive. Why choose collaborative divorce? 1 Less contentious than a contested divorce, whether resolved through the court system or by mediation.
  • 6. 4) Allows for great creativity and flexibility in resolving issues and fashioning a settlement agreement that works for your family. 3Gives you and your spouse control over the outcome of your divorce, rather than leaving such important decisions in the hands of a judge.
  • 7. Q A Yes!Yes!Both you and your spouse will need to retain independent counsel, specially trained in collaborative divorce. Do I need my own attorney?
  • 8. Q A The collaborative divorce process begins with the signing of a Participation Agreement. The Participation Agreement formalizes the goals and the ground rules of the negotiations. Common provisions include:  What is a Participation Agreement?
  • 9. ✔ ✔ fairly, The goal of the collaborative process is to negotiate a settlement that treats everyone fairly,and not to litigate. civility and courtesy. All persons involved in the negotiations will treat each other with civility and courtesy.
  • 10. ✔ ✔Neither party will attempt to take advantage of mistakes made by the other party or by his or her attorney.  share information Both spouses agree to freely and voluntarily share information and documents, so that each can make fully-informed decisions.
  • 11. ✔The negotiations are confidential; The negotiations are confidential;neither spouse will disclose, or attempt to use in subsequent court proceedings, anything that is said or done during the collaborative divorce process. 
  • 12. ✔The parties will seek the advice of experts– e.g., accountants, tax and financial advisers, and mental health professionals – who will provide unbiased advice, as needed. 
  • 13. global settlement, The attorneys will exercise their best efforts to negotiate and finalize a global settlement,and will not participate in litigation (court proceedings) should the collaborative process be unsuccessful.
  • 14. Q A You, your spouse, and your attorneys will meet to discuss the issues that need to be resolved and the best way to do so to ensure that everyone involved is treated fairly.  How does the collaborative process work?
  • 15. Other members of the collaborative divorce team also may be present, Other members of the collaborative divorce team also may be present, including, for example, a financial adviser or mental health professional. You should expect to meet several times. When all the issues are resolved, the attorneys will draft an agreement for you and your spouse to sign.
  • 16. Q A If you are unable to reach an agreement through the collaborative process, you can still pursue your divorce through the court system. What happens if it doesn’t work?
  • 17. However,However,you and your spouse both will have to retain new counsel. Your collaborative divorce attorneys will not represent you in the litigation.
  • 18. Q AT rying to fit an emotionally-charged divorce into the confines of the traditional civil court litigation system can feel like trying to fit a square peg into a round hole. Collaborative divorce is an alternative to the traditional approach. The hallmarks of collaborative divorce are:  Summary
  • 19. A spirit of cooperation and teamwork Open and honest communication and sharing of information and documents
  • 20. FlexibilityFlexibilityin resolving issues and crafting a settlement agreement that is fair to all parties. © James Publishing