Collaborative Divorce in Miami

How the Florida Collaborative Divorce Process Works

The process begins when both spouses sign a collaborative law participation agreement, whether or not a court case is pending. The agreement records their commitment to pursue a negotiated resolution. Because participation is voluntary, a court can’t require either spouse to use the process over that spouse’s objection.

The spouses and their independent collaborative attorneys exchange relevant information and participate in negotiation sessions. The number and timing of these sessions depend on the issues, required information, and parties’ progress. If the spouses reach an agreement, the terms are documented in a written settlement.

The Roles of Attorneys & Neutral Professionals

Each spouse retains an independent collaborative attorney who represents only that spouse. One attorney can’t represent both parties. The attorneys provide individual legal advice while working within a process centered on negotiated decisions.

A collaborative team may also include financial neutrals and facilitators. Facilitators are typically mental health professionals who encourage productive communication during difficult discussions. These neutral professionals don’t replace either spouse’s attorney.

Issues that may be resolved through collaborative law include:

• Property division
• Alimony
• Parenting plans
• Child support
• Relocation
• Paternity
• Marital-agreement disputes

Collaborative Divorce, Mediation & Litigation

Collaborative divorce and mediation both facilitate negotiated decisions, but the professional roles differ. In mediation, a neutral mediator guides negotiations but doesn’t represent either person. Each spouse may obtain separate legal advice outside or alongside mediation.

During a collaborative divorce, each spouse’s attorney remains involved throughout negotiations. In traditional litigation, unresolved disputes are presented to a court for a decision. Collaborative law remains voluntary under Florida law and depends on both spouses’ continued participation.

Confidentiality & Ending the Collaborative Process

Florida law provides confidentiality and privilege for collaborative communications to the extent stated in a signed record. These communications generally aren’t subject to discovery or admissible as evidence, but the protection isn’t absolute. Statutory exceptions include threats of violence, disclosures of child abuse, and evidence sought in a felony proceeding.

The process can end when a spouse gives notice that it has concluded or when a related proceeding begins without every party’s consent. It may also terminate when a collaborative attorney is discharged or stops representing a spouse, subject to a 30-day period in which the affected spouse may retain successor collaborative counsel.

If a spouse files a court action during the collaborative process, the collaborative attorneys must withdraw, and the spouses must retain new litigation counsel. This requirement is an important consideration when deciding whether collaborative law in Miami is appropriate for the circumstances.