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Collaborative Law

Collaborative law in Florida is a voluntary, out-of-court dispute resolution. In a collaborative divorce, clients voluntarily handle all issues out of court to dissolve their marriage, including, but not limited to, dividing property, dividing retirement accounts and investment accounts, providing for their family’s financial support, and agreeing on children’s time sharing and needs.  A specially trained professional team, consisting of two (2) Attorneys, a Mental Health Counselor and a Financial Advisor, helps the couple understand what matters most to them and create solutions that will work for the whole family.

All participants sign a collaborative participation agreement, and if the process fails, the attorneys involved must withdraw from further representation. The goal is to resolve family law matters respectfully, privately, and efficiently through open communication and cooperation.

How Collaborative Divorce Works in Florida

Step #1: The Parties Must Agree to Collaborative Law (Sign Participation Agreement)

No person can be forced into the collaborative divorce process. The collaborative process begins when both parties voluntarily choose to resolve their family law dispute outside of court. Under Florida Statutes § 61.56(1), each party must sign a written “collaborative participation agreement.” The agreement sets the ground rules for confidentiality, transparency, and the process more broadly.

Step #2: You Should Consult With a Florida Collaborative Law Attorney

Collaborative law is complicated. It is imperative that you have reliable legal representation. Indeed, each party in a collaborative law case must be represented by a lawyer trained in collaborative practice. Your attorney will serve as an advocate and advisor while helping you work cooperatively toward a settlement. Unlike traditional litigation, collaborative lawyers focus on negotiation.

Step #3: A Series of Joint Collaborative Meetings are Scheduled and Held

The parties and their collaborative team meet in structured sessions to discuss issues, exchange information, and explore options for a resolution. In the collaborative process, commitment to shared experts, full disclosure, and keeping cases out of court promotes respect. This respectful relationship spares couples costly, slow, and bitter disputes. Common sense and constructive behavior in the collaborative process replaces inflicting pain on each other and exerting power in litigated disputes. These meetings are confidential under Florida law. The number of collaborative sessions needed depends entirely on the complexity of the case. 

Step #4: A Final Agreement is Reached and Submitted to the Appropriate Court

The goal of the collaborative law process is a settlement agreement. Ideally, one can be reached in your case. Once all terms are agreed upon—regarding divorce, parenting, property division, support, etc.- your Florida attorney will help you draft an agreement and submit it to the appropriate court. The agreement can lead to a final judgment without litigation.

Attorney Simone Freitas is a Florida collaborative lawyer trained in collaborate divorce. She is trained and is dedicated to finding the best solution for you.  

COLLABORATIVE DIVORCE FAQS: