How Collaborative Law Works in Florida
In our latest short video, Adam T. Magill, MBA, CBA, CVA, MAFF, explains how the collaborative law process works in Florida and the role a financial neutral plays in it.
It starts with a participation agreement
In Florida, both spouses sign a collaborative participation agreement so the case falls under the state's collaborative law statute (Florida Statutes §61.55-61.58). Each spouse still has their own attorney, but everyone agrees up front that they will not go to court. If either spouse decides to litigate, the collaborative process ends and the case starts over.
A team of neutral professionals
The spouses can also choose neutral professionals to help them. In Florida, the two most common are:
The neutral facilitator: helps with the parenting plan and with communication and negotiation styles.
The financial neutral: someone like Adam, with expertise and training in forensic accounting and expert witness testimony in family law cases. The financial neutral's job is to help build options for equitable distribution and support.
A needs-based approach, not positional bargaining
Instead of the traditional back-and-forth of positional bargaining, the collaborative process starts with each spouse's needs. From there, the team:
Looks at each spouse's goals for life after the divorce.
Builds as many options as possible from the information and resources available.
Sets aside the options either spouse finds unacceptable.
Narrows the rest to one or two that work for both, often arriving at a final agreement that blends the best of each.
After the agreement
Once the agreement is signed, a judge finalizes the divorce. If issues come up after the final judgment, the collaborative process is still there to help resolve them.
Learn more
Visit collaborate-florida.com to learn more about Adam's work as a financial neutral and certified family mediator, and subscribe to Adam's YouTube channel for new videos.
This post and video provide general information only and are not legal, tax, or investment advice. Cover photo by Andreea Avramescu on Unsplash.
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