Collaborative Divorce Attorneys Tampa, FL

Unlike some law firms who only practice collaborative law, Nilo J Sanchez & Associates PA offers our clients the option to choose a collaborative divorce process or a more traditional means of divorcing. If you are looking for a collaborative divorce attorney in Tampa Bay, you may already be familiar with the collaborative process. If not, we’ve included some basic key points on collaborative law. Depending on your situation, you may learn that it will in fact be the best option or you. For example, spouses with high net worth frequently opt for the collaborative divorce process. Alternatively, after a consultation you may decide that a traditional divorce process may lend better results for you depending on your goals and expectations. A thorough family law consultation will help you to explore your options and to decide if we’re the right Tampa Divorce Attorney for you.

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Collaborative Divorce in Tampa Bay & Florida

The collaborative divorce in Florida gives couples the choice to resolve their differences by participating in a process that commits them to resolve, rather than risking divorce litigation. The process is fully by choice and both spouses must agree on the process. In a collaborative process, each spouse will have an attorney who they will enter into a collaborative law participation contract. In Florida the Florida Statutes regulates collaborative divorce and family law and states;

(Source) Chapter 61 or chapter 742, Florida Statutes Collaborative Divorce, Family Law

(1) “Collaborative attorney” means an attorney who represents a party in a collaborative law process.

(2) “Collaborative law communication” means an oral or written statement, including a statement made in a record, or nonverbal conduct that:

(a) Is made in the conduct of or in the course of participating in, continuing, or reconvening for a collaborative law process; and

(b) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded or terminated.

(3) “Collaborative law participation agreement” means an agreement between persons to participate in a collaborative law process.

(4) “Collaborative law process” means a process intended to resolve a collaborative matter without intervention by a tribunal and in which persons sign a collaborative law participation agreement and are represented by collaborative attorneys.

(5) “Collaborative matter” means a dispute, a transaction, a claim, a problem, or an issue for resolution, including a dispute, a claim, or an issue in a proceeding which is described in a collaborative law participation agreement and arises under chapter 61 or chapter 742, including, but not limited to:

(a) Marriage, divorce, dissolution, annulment, and marital property distribution.

(b) Child custody, visitation, parenting plan, and parenting time.

(d) Parental relocation with a child.

(e) Parentage and paternity.

(f) Premarital, marital, and postmarital agreements.

Entire Chapter: Collaborative Law Florida Statutes

Entering into a Collaborative Divorce Process

The Florida Statutes 61.57 provide key points and information as to what to expect when entering into the collaborative divorce process, finalizing a divorce and/or terminating the collaborative process.
Read more: Difference Between Traditional Divorces and Collaborative Divorces

Beginning, concluding, and terminating a collaborative law process.—

(1) The collaborative law process begins, regardless of whether a legal proceeding is pending, when the parties enter into a collaborative law participation agreement.

(2) A tribunal may not order a party to participate in a collaborative law process over that party’s objection.

(3) A collaborative law process is concluded by any of the following:

(a) Resolution of a collaborative matter as evidenced by a signed record;

(b) Resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the collaborative matter will not be resolved in the collaborative law process; or

(4) A collaborative law process terminates when a party:

(a) Gives notice to the other parties in a record that the collaborative law process is concluded;

(b) Begins a proceeding related to a collaborative matter without the consent of all parties;

(c) Initiates a pleading, a motion, an order to show cause, or a request for a conference with a tribunal in a pending proceeding related to a collaborative matter;

(d) Requests that the proceeding be put on the tribunal’s active calendar in a pending proceeding related to a collaborative matter;

(e) Takes similar action requiring notice to be sent to the parties in a pending proceeding related to a collaborative matter; or

(f) Discharges a collaborative attorney or a collaborative attorney withdraws from further representation of a party, except as otherwise provided in subsection (7).

(5) A party’s collaborative attorney shall give prompt notice to all other parties in a record of a discharge or withdrawal.

(6) A party may terminate a collaborative law process with or without cause.

(7) Notwithstanding the discharge or withdrawal of a collaborative attorney, the collaborative law process continues if, not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative attorney required by subsection (5) is sent to the parties:

(a) The unrepresented party engages a successor collaborative attorney;

(b) The parties consent to continue the collaborative law process by reaffirming the collaborative law participation agreement in a signed record;

(c) The collaborative law participation agreement is amended to identify the successor collaborative attorney in a signed record; and

(d) The successor collaborative attorney confirms his or her representation of a party in the collaborative law participation agreement in a signed record.

(8) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of a collaborative matter or any part thereof as evidenced by a signed record.

(9) A collaborative law participation agreement may provide additional methods for concluding a collaborative law process.

History.—s. 6, ch. 2016-93.

Consult With a Divorce Attorney in Tampa Bay

Nilo J Sanchez is a Tampa divorce attorney with over 30 years of experience representing clients in multiple jurisdictions in Tampa Bay. If you are hiring a Tampa area contested divorce lawyer, uncontested divorce attorney or a Tampa family law attorney, consider Nilo J Sanchez & Associates PA Family Law & Divorce Attorneys. We are seasoned Tampa family law attorneys offering sound, legal solutions and representation in Hillsborough County, Pinellas County and Pasco County, Florida.

To schedule a divorce or family law consultation, call (813) 879-4600 or send us a secure message below. In-person, teleph0nic and Zoom consultations are available for your convenience.