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Melbourne, FL Attorneys Facilitate Collaborative Divorce

A non-confrontational approach saves time and money and reduces stress

People considering divorce should choose the method that best suits their goals for the process and for their lives after marriage. For many, collaborative divorce provides distinct advantages over traditional litigation and mediation. At Tucker Mitnik, P.A., we have used the collaborative process often since it was first introduced in Florida. Our attorneys are trained and experienced in this method and can assess whether you and your spouse are good candidates for it.  

Are you and your spouse good candidates for collaborative divorce?

There are many advantages to a collaborative divorce:

  • It is a cooperative process that is less stressful than adversarial litigation.
  • The sessions are based on your schedule rather than the court’s.
  • The expenses are lower, and the process is quicker than court litigation.
  • It allows the spouses to transition their relationship to make co-parenting easier.
  • It leads to ownership in a mutual agreement rather than being subjected to an imposed order.

However, collaborative divorce is not for everyone. Ask yourself if the following statements are true:

  • Despite your differences, you and your spouse still trust each other about most matters.
  • You and your spouse are still able to speak to each other respectfully.
  • You have children and will be sharing parenting time after your divorce.
  • You are not afraid of your spouse because of past instances of domestic violence.

If all of these statements are true for you, you may be a good candidate for collaborative divorce.

How the collaborative divorce process works in Florida

In collaborative divorce, each spouse selects an attorney to join in sessions to negotiate agreement on the ancillary issues, such as property division, child custody, child support and alimony. The spouses agree that if expert advice is necessary from an accountant or psychologist, they will limit themselves to one person in each field to work for both of them. The goal is to reach a settlement agreement the spouses can sign and present to a judge for approval. While the collaborative process is not binding on the parties, their attorneys sign an agreement pledging to withdraw as counsel if the collaborative process fails. The prospect of starting from scratch with a new pair of lawyers helps keep the parties invested in the success of the collaboration.

Contact Tucker Mitnik, P.A. to discuss the collaborative divorce process in Melbourne, FL

If you believe collaborative divorce suits your circumstances, speak to an attorney with experience in the process. Call Tucker Mitnik, P.A. today at 321.392.5239 or contact our Melbourne office online

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