What is a collaborative divorce in Florida?
Collaborative divorce is an out-of-court way to resolve a divorce or family matter. Each spouse hires a collaborative attorney, and everyone signs a participation agreement to work toward a settlement without going to court. If the process breaks down and someone goes to court, the collaborative attorneys must withdraw and cannot represent either spouse there.
How collaborative divorce works
In a collaborative divorce, each spouse hires their own collaborative attorney. Then everyone signs a participation agreement, a written commitment to work toward a settlement without going to court.
The work happens outside the courtroom, with everyone focused on reaching an agreement you both can live with. Communications in the collaborative process are generally privileged, which means they are generally protected from being disclosed later. That protection is meant to help both people speak openly.
The collaborative team
Collaborative cases can bring in neutral professionals to help with parts of the process that are not purely legal. Not every case needs every professional, and the team is shaped around what your family needs, whether that is help sorting through finances or support for hard conversations about parenting. A team can include:
- A collaborative attorney for each spouse
- A neutral financial professional
- A mental health professional acting as a facilitator, someone who helps keep conversations productive
Who collaborative divorce fits
Collaborative divorce works well when both people are willing to be transparent and negotiate in good faith. Being transparent means sharing complete, honest information, especially about finances. It may be a good fit if:
- You both want to make decisions about your children and finances yourselves instead of leaving them to a judge
- You are both willing to share complete financial information
- You want to protect your ability to co-parent after the divorce
- You would like sensitive conversations to stay out of the courtroom
- You want to keep the tone respectful for your children’s sake
Who it may not fit
Collaborative divorce is not right for every family. It may not fit if one spouse is hiding assets or refuses to share information, if either person is unwilling to negotiate in good faith, or if there are safety concerns in the relationship.
It is also important to understand the commitment. If the process breaks down and someone goes to court, the collaborative attorneys must withdraw and cannot represent either person in the litigation. Both spouses would then need to decide on new representation.
If collaborative divorce is not the right match, other paths such as mediation or a traditional divorce case may work better. We can talk through each option honestly so you can choose what fits your family.
How Annette Sanchez Law helps
- Talk honestly with you about whether collaborative divorce fits your family before anyone signs a participation agreement.
- Represent you as your collaborative attorney and work with neutral professionals, such as a financial professional or a facilitator, when your case calls for them.
- Keep your children's needs at the center of parenting discussions, informed by Annette's years in child welfare at DCF Children's Legal Services.
- Bring the perspective of a Florida Supreme Court Certified Family Mediator to settlement conversations, with a focus on agreements that work in real life.
Frequently asked questions
What happens if our collaborative divorce doesn't work out?
If the process breaks down and someone goes to court, the collaborative attorneys must withdraw. They cannot represent either person in the litigation, so each spouse would need to find new representation for the court case. Communications during the collaborative process are generally privileged. Knowing this ahead of time helps you decide whether both of you are truly ready to commit.
Do we each need our own lawyer for a collaborative divorce?
Yes. Each person hires their own collaborative attorney, and everyone signs a participation agreement to work toward a settlement without going to court. Your attorney represents you, not your spouse, while the whole team works toward an agreement. Neutral professionals, such as a financial professional or a mental health professional acting as a facilitator, may also be part of the team.
Is collaborative divorce the same as mediation?
No, although both aim for an agreement outside of a trial. In collaborative divorce, each spouse has their own collaborative attorney, everyone signs a participation agreement, and the attorneys must withdraw if the case goes to court. Mediation is a different process built around a neutral mediator. We can explain both and help you think about which one suits your family.
Can we do a collaborative divorce if we have kids?
Yes. Collaborative law can be used to resolve a divorce or family matter, including decisions about your children. The team can include a mental health professional acting as a facilitator, which can help when conversations about parenting become emotional. Whatever process you choose, any plan for your children should put their needs first, and that is where we keep the focus.
Is collaborative divorce a good idea if I think my spouse is hiding money?
It may not be. Collaborative divorce works well when both people are willing to be transparent and negotiate in good faith. If you have real concerns that your spouse is hiding assets or will not share financial information, another approach may fit your situation better. We can listen to your concerns and talk through the options available to you.
Are the things we say in collaborative meetings confidential?
Communications in the collaborative process are generally privileged, which means they are generally protected from being disclosed later. There can be exceptions, and the details depend on your situation. That protection is meant to help both spouses speak openly and work toward a settlement. Ask us what this means for your case before the process begins.
