Attorney
When facing a divorce, you may assume going to court is the only option. However, in Florida, more families are opting for a different path—one that emphasizes cooperation over conflict. Collaborative divorce offers a private, respectful way to end a marriage without drawn-out litigation.
At Staples Law Group, P.A., we help families understand their options and make informed choices. If you’re wondering whether a collaborative approach could work in your situation, this overview will walk you through what the process looks like, how Florida law applies, and what you should consider before moving forward.
What Is Collaborative Divorce?
Collaborative divorce is a voluntary, structured process where both spouses agree to resolve their issues outside of court. Each party hires their own attorney trained in collaborative law, and together they work as a team, often with help from neutral professionals like mental health counselors or financial advisors.
Florida recognizes this method under Fla. Stat. §61.55, which outlines the legal foundation for collaborative practice. The spouses sign a collaborative participation agreement that confirms their commitment to resolving matters respectfully and without litigation. Everything discussed remains confidential, as provided by Fla. Stat. §61.58, helping both parties feel safe sharing concerns and goals.
Collaborative divorce gives each spouse their own attorney to provide guidance and support, unlike mediation where a neutral party facilitates discussion. At the same time, the process avoids the combative tone of courtroom litigation by focusing on problem-solving instead of winning arguments.
The Collaborative Divorce Process in Florida
While every divorce is different, collaborative cases in Florida generally follow a predictable path:
- Signing the agreement – Both spouses and their attorneys sign a collaborative participation agreement that outlines expectations and goals.
- Assembling the team – Neutral professionals may join to provide emotional support, assist with parenting plans, or offer financial advice.
- Information sharing – Each side provides full and voluntary disclosure of assets, debts, income, and other relevant details.
- Joint meetings – The team holds structured sessions to work through the issues, such as property division or parenting schedules.
Under Family Law Rule 12.745, courts support the collaborative process by staying litigation and recognizing the private nature of these proceedings. However, if the process breaks down and either party files a contested court action, both attorneys must withdraw from the case. Each spouse will then need to find new legal representation.
Benefits of Collaborative Divorce
Collaborative divorce may not be for everyone, but for many families, the benefits are significant. This process can offer:
- A more respectful tone – Emotions run high during divorce, but collaborative law encourages calm, constructive conversation.
- Privacy – Unlike courtroom proceedings, discussions happen in private meetings, and outcomes are not part of the public record.
- Greater control – You and your spouse make the decisions, not a judge.
- A better foundation for co-parenting – The cooperative tone often helps preserve working relationships between parents.
- Reduced court involvement – Many couples never have to appear before a judge.
These benefits often translate to lower legal fees and a faster resolution, although outcomes vary depending on the complexity of the case.
Drawbacks to Consider
Collaborative divorce isn’t always the right fit. There are some potential drawbacks to weigh:
- If one spouse refuses to participate honestly or in good faith, the process can break down.
- High-conflict situations or cases involving abuse or intimidation may not be appropriate for collaboration.
- Starting over with new attorneys can be costly if the case moves to court.
- It may take longer to reach an agreement if parties have difficulty compromising.
Success depends heavily on both parties being open, communicative, and committed to resolving issues outside of court.
Is Collaborative Divorce Right for You?
Only you can decide whether this approach aligns with your values and situation. You may want to consider:
- Are both you and your spouse open to respectful communication?
- Do you feel safe and comfortable speaking up during negotiations?
- Would you prefer to avoid a courtroom setting?
- Are you looking for a solution that prioritizes your children’s well-being?
If you answered yes to most of these, collaborative divorce may be worth exploring. We’re here to help you weigh your options and guide you toward a process that fits your needs and goals.
Choosing the Right Divorce Process for Your Family
Collaborative divorce offers an alternative path built on cooperation, not courtroom battles. It won’t work for everyone, but for many Florida families, it’s a way to move forward with less conflict and more control.
At Staples Law Group, P.A., we understand how personal this process is. If you’re considering collaborative divorce or want to learn more, reach out today to schedule a consultation. We’ll walk through your options and support you every step of the way.