Questions and Answers

Q:  Can the collaborative law process be used in non-marital cases? What about same-sex relationships?

A: While typically used in standard divorces, the collaborative law process can also be used in non-marital cases. Collaborative law is probably the ideal option for handling a same-sex split since the judicial system in Florida is currently not equipped to handle those matters.

Q: How do you handle it when one of the parties does not want to compromise?

A: The entire point of collaborative law is to focus on the needs and interests of both parties who are working to prevent the sort of self-centered dynamic that plagues so many divorces. Should a party refuse to compromise, the option and effect of resorting to litigation is again explained to that client by counsel, and the decision whether or not to continue rests with that particular party. Collaborative law was created in the area of family law to help parties work together with their attorneys and other professionals in an atmosphere of civility and negotiation.

Q: What about children?

A: Collaborative law is especially advantageous for dissolving marriages that involve children. It is a dignified and understanding way to move forward with a difficult process, hopefully shielding the children from the type of damage sustained in many divorces. The attorneys make it clear that children should never be co-involved in the issues or emotions raised by the dissolution of the marriage. Both parents need to reassure their children that they are loved and will be secure. In many cases, a mental health professional, perhaps supported by a child specialist, will help the parents with this process.

Q: And what if the process does not work?

A: It usually does. The experience in Miami and throughout the U.S. has been that less than 10% of collaborative cases break down and wind up in litigation. In situations where it appears that the process might fail, the team of professionals involved is consulted. If they agree that the process will not work, the lawyers withdraw. At that point, there is a 30-day window, during which the clients receive assistance in finding new attorneys. Collaborative professionals take care to avoid any conflict of interest and do their utmost to help their clients make the transition, so no one feels abandoned as they shift gears and prepare to enter traditional divorce litigation. Of course, collaborative attorneys are obligated to explain to their clients the consequences of abandoning the collaborative process.