Collaborate divorce is a non-judicial process in which the parties have agreed to work together with the goal of resolution. With the assistance of two attorneys, a neutral financial professional, and a neutral facilitator, the issues are addressed in a series of structured meetings so that all matters are addressed, clarified, and committed to written agreement.
Here are some of our most frequently asked questions:
The Collaborative Process uses informal discussions and conferences attended by both parties and their attorneys in an atmosphere of honesty, cooperation, integrity, transparency, and professionalism.
It requires that both parties, with the assistance of their attorneys, provide all pertinent documents and information relating to the issues to be settled, and that they work together toward a shared resolution.
Decision-making meetings of all members of the team are scheduled with agendas in place and agreed agendas are followed.
In mediation, a neutral third party helps you and your spouse (with or without lawyers present) to negotiate your settlement. The mediator cannot give legal advice or support one person and not the other. Many people find that they need the support and encouragement of having a professional in their corner. If you were to take lawyers to mediation, you are paying for three professionals. If you go to mediation on your own, you may feel confused and anxious. In collaborative divorce, the two attorneys guide every aspect of the case, so this approach addresses the need for representation throughout the process. You can create solutions that work for you, your spouse, and your family.
The Collaborative Team is a combination of specifically-trained individuals with whom the parties work to resolve their disputes. In addition to the respective attorneys who will provide advocacy for their clients, the team includes a neutral financial expert and a neutral mental health professional.
The financial neutral will assist in gathering and analyzing the necessary financial data to educate the parties about their particular financial situation. The financial professional may meet with each party and each attorney in preparation for group sessions.
The neutral facilitator will guide the process and provide direction in addressing restructuring of the family. Elements pertaining to each specific party and the parenting plan can be addressed as assigned tasks.
- Client Involvement: The clients are a vital part of the team. The process shifts decision-making into their hands rather than into the hands of the judge.
- Supportive Approach: Each client is supported by an attorney in a manner that allows the attorneys to work together to resolve issues.
- Lower Cost: Court preparation and court time is not required. The clients together select one financial professional and one mental health professional to work in tandem with the team throughout the process.
- Speed and Efficiency: The process is governed by the parties and their selected team rather than by the court’s calendar.
- Less Stress: The fear and anxiety of court is taken out of the equation. The team focuses on settlement without the emphasis on preparing for litigation.
- Win-Win Climate: This group collective process produces a more satisfactory outcome for both parties as they actively participate in all aspects of the decision-making process.
It is conflict that harms children – not separation or divorce. Collaborative process offers a way for you to reach agreement about your finances and children that avoids creating conflict. It also fosters open communication (sometimes with a lot of help) so little things that pop up during the separation don’t needlessly create conflict. If you want to divorce in a way that will enable you to remain co-parents and have a co-operative parenting relationship, collaborative divorce is one of the best processes to achieve that.
Strong feelings about the relationship and dysfunctional communication are normal post-separation. Those big emotions don’t change the fact that each of you has a common goal of resolving the issues without a costly, destructive court battle. Collaborative Process helps you stay focused and communicating effectively so you and your partner can work successfully to resolve your outstanding issues.
The guiding principles of Collaborative Process are respect, dignity, openness and fairness. This respectful tone encourages you to show compassion, understanding, and cooperation. Collaborative professionals are trained in non-confrontational negotiation, helping keep discussions productive. The goal of Collaborative Process is to build a settlement on areas of agreement, not to perpetuate disagreement.
The Collaborative Law Process Act, Florida Statutes sections 61.55-61.58, effective on July 1, 2017, provides a statutory framework in Florida for collaborative resolution of family law matters in Florida.
The Florida legislature has stated that it is the policy of the state of Florida to encourage the peaceful resolution of marital dissolutions through a voluntary, non-adversarial, settlement process known as the collaborative law process. The goals of the collaborative process are to lessen the emotional and financial burdens of divorce and to preserve the working relationship between the parties.
LEARN MORE about the Collaborative Law Process Act.
- 12th Judicial Circuit Family Division
- The Florida Bar Association: Family Law Section
- IACP: International Academy of Collaborative Professionals
- AFCC: Association of Family and Conciliation Courts
- Florida Family Courts
- AAML: American Academy of Matrimonial Lawyers
- The Florida Statutes – Chapter 61 – Dissolution of Marriage; Support; Time-Sharing