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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.
Florida requires an equitable distribution of the marital property (what is fair, not necessarily equal). Each spouse keeps the property and debts that belonged to them before the marriage. Each spouse also keeps any property received as a gift or inheritance, or any property that the spouses agree to divide in a written agreement. Any property that was acquired before the spouses married or that was received as a gift or inheritance is not considered marital property. If the spouses cannot come to an agreement, a court will divide the property and the debt.
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