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Court vs Collaboration

Court vs. Collaboration. Have you heard people talking about handling their divorce through Collaborative law? This is a topic that is becoming more popular these days.  Here is some information on the matters.

TRADITIONAL COURT

With a traditional contested divorce case, you would file your case through the Courts and proceed with litigation.  One person would get served, both parties would complete discovery and both parties would be on their way to attend mediation.  Mediation is where everyone sits down and tries to resolve the case so that you do not have to go to trial.  in the event, a full settlement is not reach the parties are on their way to trial.  Obviously, there are motions, hearings, depositions and other things that can take place during this process.

COLLABORATIVE LAW

With Collaborative law, the process is very different.  Florida Statute 61.57 discusses this process. Both parties must agree to this process and once both parties sign a  collaborative law participation agreement the process begins.  There are some similarities and differences between the two processes.

Differences:

  1. Both parties must agree to this process whereas with a traditional court case they do not have to agree.
  2. Once the process starts the attorney that represents you cannot represent you in court if the collaborative law process is not successful, with.

Similarities:

  1. Both can include the use of mediators, accountants and other necessary professionals to help in the settlement process.
  2. Both can be terminated by the parties.

If you would like to discuss these options in more detail call the Orlando Collaborative Law and Orlando Divorce Attorney, Michael Ferrin or Victoria Anderson with Anderson & Ferrin, Attorneys at Law, P.A. at 407-412-7041 to set up your free consultation.

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