Collaborative Divorce in Florida
How Florida's Collaborative Law Process Act lets you and your spouse settle your divorce outside the courtroom, with lawyers committed to agreement instead of litigation.
What is collaborative divorce?
In a traditional divorce, each spouse hires a lawyer, files papers with the court, and, if they cannot agree, asks a judge to decide. Collaborative divorce takes a different approach. Both spouses commit in writing to try to reach a settlement without asking a judge to decide the disputed issues.
The work happens in a series of private meetings, often called four-way or team meetings, where both spouses and both lawyers work together. Neutral professionals, such as a financial specialist or a mental health professional, may join to help with financial questions or parenting arrangements.
What makes collaborative divorce different from simply trying to settle is the disqualification rule: the collaborative lawyers are engaged to help the spouses reach agreement. If the process ends and the matter proceeds to contested litigation, the lawyers generally cannot represent their clients in that litigation, subject to the applicable law and rules.
What the Florida law says
Florida's Collaborative Law Process Act is found in Part III of Chapter 61 of the Florida Statutes, Sections 61.55 through 61.58. Key points include:
Family law matters
The Act applies to qualifying family-law matters, including divorce, alimony, child support, parenting plans, time-sharing, property division, and paternity matters.
Voluntary process
A court cannot force a party to participate in the collaborative process over that party's objection. Both spouses must choose it voluntarily.
Written agreement required
The process begins with a written collaborative law participation agreement signed by the parties and their collaborative lawyers. It may begin before or after a court case is filed.
You can leave the process
Either spouse may terminate the collaborative process in accordance with the Act and the participation agreement.
Protected communications
Collaborative communications generally receive confidentiality and privilege protections, subject to statutory exceptions.
Lawyers may need to withdraw
If the process ends and the matter moves to contested litigation, the collaborative lawyers generally must withdraw as provided by applicable law and professional rules.
What the participation agreement must include
The participation agreement is the foundation of the process. It is a written agreement that generally identifies the issues to be resolved, identifies the collaborative lawyers, and records the parties' commitment to use the collaborative process and provide required information.
Agreements may also address how neutral professionals will be selected and paid, temporary arrangements for children or household bills, meeting procedures, and how the process can be terminated.
How the process ends
Under Section 61.57, the collaborative process may conclude through agreement or termination as described in the statute.
- Full agreement: The parties resolve all issues in a written agreement.
- Partial agreement: The parties resolve some issues in writing, while others remain unresolved.
- Termination: The collaborative process ends without resolving every issue.
Termination may occur in circumstances specified by law, including written notice that the process has ended, certain court filings, or a collaborative lawyer's withdrawal. Special rules may apply if a lawyer withdraws and a replacement lawyer is retained.
How collaborative divorce works, step by step
- Each spouse hires a collaborative lawyer. Look for a Florida lawyer with collaborative-law training. Discuss whether the process is appropriate for your circumstances, including any history of domestic violence, coercion, or serious power imbalance.
- Sign the participation agreement. The parties and their collaborative lawyers sign the required written agreement. If a court case is already pending, ask your lawyers how the court should be notified and how the case will proceed during negotiations.
- Build the team. Depending on your situation, you may agree to work with a neutral financial professional, a mental health professional or facilitator, or another specialist.
- Exchange information openly. Share relevant financial records, including income, accounts, retirement plans, debts, and property information, as required by the process and agreement.
- Work through the issues in team meetings. You identify priorities, explore options, and negotiate matters such as parenting arrangements, child support, alimony, and division of assets and debts.
- Put the agreement in writing. When you reach agreement, your lawyers can prepare a marital settlement agreement and, where applicable, a parenting plan and related documents.
- Finalize the divorce. The required documents are submitted to the court. A judge reviews the filings and enters a final judgment if the legal requirements are met.
Who is on the collaborative team
Collaborative lawyers
Each spouse has their own lawyer for independent legal advice and advocacy, with a focus on reaching a negotiated settlement.
Neutral financial professional
A qualified financial professional may organize financial information, prepare budgets, and help evaluate options for property division and support.
Neutral facilitator
A qualified mental health professional may help manage communication, support productive meetings, and assist with parenting discussions.
Other specialists
Depending on the case, the team may consult a child specialist, business valuator, real estate appraiser, or another appropriate professional.
Collaborative divorce vs. mediation vs. litigation
| Topic | Collaborative divorce | Mediation | Contested litigation |
|---|---|---|---|
| Who decides? | You and your spouse, if you reach agreement | You and your spouse, if you reach agreement | A judge decides unresolved issues |
| Lawyers | Each spouse has a collaborative lawyer; withdrawal rules apply if the process ends and litigation follows | Lawyers may be involved; arrangements depend on the case | Lawyers commonly represent each party |
| Neutral helper | May include agreed neutral professionals | A neutral mediator assists negotiations | The judge decides contested issues |
| Information sharing | Information is exchanged under the participation agreement and applicable law | Disclosure and discovery depend on the case and applicable rules | Formal discovery may be used |
| Privacy | Collaborative communications have legal protections, subject to exceptions | Mediation communications may have legal confidentiality protections | Many court filings are public, subject to exceptions |
| Typical cost | Varies; costs may increase if the process fails | Varies with the number of sessions and legal assistance required | Varies and may rise significantly in a contested case |
| May suit | Spouses willing to cooperate and negotiate in a structured process | Spouses who want a neutral mediator to help them negotiate | Cases requiring judicial decisions on disputed issues |
Is collaborative divorce right for you?
It may be a good fit if...
You both want to work toward an agreement, communicate respectfully, share relevant information, and consider negotiated solutions. You are also willing to pay for the lawyers and any neutral professionals involved.
It may not be a good fit if...
There is domestic violence, intimidation, coercion, a serious power imbalance, concerns about hidden assets, or a lack of willingness to negotiate honestly. Get independent legal advice about safer alternatives.
Frequently asked questions
Do we have to file a case with the court to start?
No. The collaborative process may begin before a court case is filed. The divorce still must be finalized through the appropriate court process. If a case is already pending, ask your lawyer how it will be handled while you negotiate.
Can I do collaborative divorce without a lawyer?
Florida's collaborative process requires representation by collaborative lawyers as specified in the Act. If you prefer not to use collaborative lawyers, ask about mediation or an uncontested divorce and whether those options fit your situation.
What happens if my spouse quits the process?
Either spouse may end the process under the applicable rules. If the matter proceeds to contested litigation, the collaborative lawyers generally cannot continue representing their clients in that litigation. Ask your lawyer about the effect of any agreements already reached.
Is what I say in the meetings confidential?
Collaborative communications generally have confidentiality and privilege protections under Florida law, but exceptions apply. Ask your lawyer to explain the protections and exceptions relevant to your case.
Is collaborative divorce cheaper than going to court?
Costs vary. Collaborative divorce may cost less than prolonged contested litigation, but it may cost more than mediation or a straightforward uncontested divorce. If the process fails, hiring new lawyers may increase the total cost.
How long does it take?
The timeline depends on the complexity of your finances and parenting issues, how quickly information is shared, and how easily you reach agreement. There is no guaranteed timeframe.
Can a judge make us use collaborative divorce?
Florida's Collaborative Law Process Act provides that a party cannot be required to participate in the collaborative process over that party's objection.
Ready for the next step?
Whether you settle through the collaborative process, mediation, or on your own, you'll need the appropriate Florida forms to finalize your divorce.
Explore Divorce Topics Prepare Your FormsSources and further reading
- Florida Statutes, Chapter 61, Part III: Collaborative Law Process Act (Sections 61.55–61.58)
- Section 61.57: Beginning, concluding, and terminating a collaborative law process
- Florida Family Law Rule of Procedure 12.745 (Collaborative Law Process)
- Rule 4-1.19, Rules Regulating The Florida Bar (Collaborative Law Process)
Legal information, not legal advice. This article provides general information about Florida law and is not a substitute for advice from a licensed Florida attorney about your specific situation. JusticeXpress Florida is not a law firm and cannot represent you. Document preparation services do not include legal representation. Laws and court rules can change, so verify current requirements before acting.