What happens if the collaborative divorce process breaks down?

Asked about 2 years ago - Miami Beach, FL

If, after attempting collaborative divorce, a couple must litigate, does the date they signed the collaborative participation agreement count as the date of filing? Can anything discussed during the collaborative meeting be used in the litigation?

Attorney answers (2)

  1. 2

    Lawyers agree

    Answered . The date of signing the collaboration agreement could be used to determine the date of separation. A collaborative divorce is a divorce no matter what adjectives are used to describe it. Settlement negotiations are considered privileged communications in Florida and as such are not admissible as evidence.

    The opinion of the above attorney does NOT constitute legal advice and should in no way be relied upon as such.... more
  2. Answered . The cases I have heard stories on using the collaborative process have not been good ones. I think it is frequently used as a tool of control by one party over the other; it probably works best in extremely complicated cases where experts are needed for the children and for financial issues.

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Collaborative divorce

Collaborative divorce is an alternative to contested divorce that involves collaborative sessions between the parties and their lawyers.

Elizabeth Rankin Powell

What is a Collaborative Divorce?

Each party has an attorney. Each party has their own attorney with whom they can discuss - privately - their concerns and goals for the matter. The clients and the attorneys sign a four... more

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