What are the legal requirements for a collaborative divorce?
In order for a collaborative divorce to be legally valid in the state of Florida, both parties must agree to participate in the process. Both individuals must sign a contract that outlines the parameters of the divorce process, such as the roles that each will play in the negotiations and the responsibilities each will have in the proceedings. This contract must also include an agreement to waive the right to file a motion or other action in court for any issue related to the divorce or settlement. Both parties must also agree to work in good faith and refrain from making false or misleading statements. The contract must also include a clause stating that each side will maintain confidentiality and that no information uncovered during the negotiations will be used against either of the parties. The agreement must also include a provision that both parties have access to their own separate attorneys or financial advisors and that each party will pay for their own legal fees. The contract must also include a clause stipulating that both sides will accept the outcome of the negotiations and that the agreement must be made in writing. Finally, the parties must agree to make a good faith effort to resolve all issues outside of court, and both parties must sign the agreement in front of a notary and witnesses. Once this is done, the collaborative divorce is legally binding.
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