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Collaborative Law
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Collaborative divorce is a relatively new concept to many people. It is a process designed as early intervention in disputes to be used instead of costly litigation. Because of it’s similarities with mediation, however, many people assume that collaborative law and mediation are the same thing.
You are heading for divorce, but would like to work things out with your spouse so that you don’t have to go through the War of the Roses (a movie that was funny and scary at the same time).
For many years, the only way to get your marriage dissolved was to have both spouses hire expert Florida divorce lawyers and battle it out tooth and nail.
I have recently received several phone calls from clients, who begin by asking Do you do Collaborative Divorce? When I answer in the affirmative, they are excited and usually mention that the previous attorneys they have spoken with have never heard of this new type of divorce.
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Collaborative Law
When the Florida court decides on the issue of child custody and visitation, the gender of the parents is not considered. For example, a mother will not automatically receive custody of the children just because she is the mother. The judge must only consider what is in the best interests of the child. Florida divorce law requires Shared Parental Responsibility. This means that even though the child may live with one parent, the other parent has equal say in raising the child. Each party must be consulted on the education, health, religion, and discipline of the child. And, if the parties cannot agree on these important issues, the judge will make the decisions.
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