Presuit Settlement & Collaborative Divorce Attorneys in South Florida
The collaborative process is a structured, out-of-court method for resolving divorce and family disputes with the help of a team of neutral professionals. Two of our lawyers are trained in collaborative practice and have represented clients in collaborative divorces.
Quick answer
Collaborative family law is a private, out-of-court divorce process in which both spouses, their collaboratively trained attorneys, and neutral financial and mental health professionals sign an agreement to resolve the case without litigation. Florida codified the process in the Collaborative Law Process Act, Fla. Stat. §§ 61.55–61.58. If the process ends without agreement, both attorneys must withdraw and the parties retain new trial counsel.
Presuit & Collaborative Law in Florida: key facts
- Governing law
- Fla. Stat. §§ 61.55–61.58 (Collaborative Law Process Act)
- Team
- Two collaborative attorneys, a neutral financial professional, and a neutral facilitator
- Disqualification clause
- Both attorneys must withdraw if the case goes to litigation
- Privilege
- Collaborative communications are confidential and privileged under § 61.58
- Best suited to
- Parties who want privacy, control over pacing, and a workable long-term co-parenting relationship
- Court involvement
- Limited to entry of the final judgment on the parties' agreement
Overview
Florida adopted the Collaborative Law Process Act in 2016. Each party retains a collaboratively trained attorney; the parties and attorneys sign a participation agreement disqualifying counsel from later litigating the matter if the process breaks down.
A neutral financial professional and a neutral mental health professional (a 'facilitator') typically join the team, producing better information and more durable agreements than adversarial discovery.
How the firm approaches presuit & collaborative law
We recommend the collaborative process for clients who want to preserve a functional co-parenting relationship, protect a family business, or resolve matters privately without the public record of litigation. It is not the right process for every case — we're direct with clients when litigation is a better fit.
Two of our lawyers are trained in collaborative practice and have represented clients in collaborative divorces.
Frequently Asked Questions
How does collaborative divorce differ from mediation?
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In mediation, a single neutral facilitates a settlement between attorney-represented parties. In collaborative practice, each party has their own attorney and the team includes neutral financial and mental health professionals throughout.
What happens if collaboration fails?
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The collaborative attorneys are disqualified from representing the parties in later contested litigation. Both parties must retain new counsel to proceed to court.
Is collaborative divorce cheaper?
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Often, but not always. Collaborative cases avoid contested discovery and multiple hearings, but the neutral professional team adds cost. For appropriate cases, the total is lower.
Is the process confidential?
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Yes. Communications during the collaborative process are privileged, similar to mediation, under Florida's Collaborative Law Process Act.
Can any family law issue be handled collaboratively?
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The process is designed for divorce and parenting matters. It can also be used for post-judgment modifications and paternity matters.
How is collaborative divorce different from mediation?
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Mediation is typically a single session with one neutral, often ordered by a court in the middle of a pending lawsuit. Collaborative divorce is a full alternative process begun before litigation, with a committed team — two collaborative attorneys plus neutral financial and mental health professionals — meeting over a series of sessions, and a written commitment that no one goes to court.
What happens if a collaborative divorce fails in Florida?
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If the parties cannot reach agreement, the participation agreement's disqualification clause requires both collaborative attorneys to withdraw, and each party must hire new counsel for litigation. Communications made during the collaborative process remain privileged under Fla. Stat. § 61.58. That built-in cost of failure is precisely what keeps the team focused on settlement.
Is collaborative divorce cheaper than litigation?
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Collaborative divorce is usually less expensive than a contested trial because a single neutral financial professional replaces competing experts and there is no formal discovery or motion practice. It costs more than a simple uncontested filing. The most reliable savings come from privacy, speed, and avoiding the repeat post-judgment litigation that adversarial cases often generate.
Discuss your matter, in confidence.
Monday – Friday, 8:30 a.m. – 5:00 p.m. (closed 12:00 – 1:00 p.m.)