Collaborative Divorce in South Florida

Why Should I Be Interested?

Collaborative Law is a process that enables divorcing couples and couples involved in other family law disputes, each represented by counsel, to resolve their differences in a non-adversarial setting.

The Collaborative Process

Collaborative practice is a method of out-of-court dispute resolution of family law issues using private structured negotiations to identify issues and explore options for addressing them. Each client is represented by an attorney trained in the collaborative process. A Neutral Facilitator, typically a mental health professional, creates a safe place for the couple to resolve issues civilly and, where children are involved, craft a child-centered parenting plan. A Neutral Financial professional gathers and analyzes all the financial information.

What are the benefits?

There are many benefits to you of making the collaborative choice:

  • Privacy
  • Control
  • Flexible, Creative Solutions
  • Relationships Preserved
  • Child-Friendly
  • Expert Team

Statistical Successes

  • 92% of cases are completed with a full settlement agreement
  • 65% of cases took less than 6 months; shorter than much divorce litigation
  • 53% had a total cost of $20,000 or less per client; far less than much divorce litigation

What are the benefits of collaborative?

There are many benefits to you of making the collaborative choice:

Privacy

Control

Flexible, Creative Solutions

Relationships Preserved

Child-Friendly

Expert Team

How Did It Develop?

Collaborative law is one of the most important developments in the American legal system in the past 25 years, yet it is largely unknown to the Florida public. It started to develop in the 1990’s in Minnesota and in 2007 the National Conference of Commissioners on Uniform State Laws created A Drafting Committee on Collaborative Law. Since then 18 states have adopted collaborative legislation including Florida.

 

Collaborative practice has spread world-wide. It is being practiced in countries all over the world. The brief video right provides an excellent explanation of collaborative law and its development.

Where do I start?

 

You start with a consultation with a trained collaborative attorney. Ideally, both you and your spouse/partner have agreed in advance on the collaborative process or are, at least, jointly willing to explore it. Each client must be represented by their own collaborative attorney. If you both decide to go forward, the attorneys will select the additional team members needed given your situation –typically a Neutral Facilitator and a Neutral Financial.

 

Our website directory of trained collaborative attorneys gives you a rich source of options for assistance:

 

 

    Initial Consultation

    Your journey begins with a consultation with a trained collaborative attorney. This initial meeting helps you understand the collaborative process and how it can address your family law issues. It’s important to start by discussing your goals and concerns with an attorney who specializes in this approach.

    Agreement on the Collaborative Process

    Ideally, you and your spouse or partner have agreed in advance to consider the collaborative process. However, even if you’re not fully committed, being open to exploring this option together can be the first step towards a constructive resolution. The collaborative process only works if both parties are willing to engage in it.

    Individual Representation

    Each client must have their own collaborative attorney. These attorneys are specifically trained to guide you through the process, advocating for your needs while also working towards a mutually beneficial outcome. This ensures that both parties have support and representation throughout the discussions.

    Building Your Collaborative Team

    Once you both decide to proceed, the attorneys will assemble a team tailored to your situation. Typically, this includes a Neutral Facilitator, often a mental health professional, who creates a safe environment for discussions, and a Neutral Financial professional who handles the financial aspects. This team approach ensures that all areas of your case are addressed with expertise and care.

    Stages of the Collaborative Process—beginning to end

    The collaborative process is done in stages:

    Stage 1: Setting the Framework, Committing to the Process, Making Temporary Arrangements

    Informed consent to the collaborative process is obtained after a review of all the options for divorce in Florida. Motivations are clarified and any temporary arrangements regarding housing, child care and finances are established. The collaborative team is chosen and funded.

    Stage 2: Information Gathering

    Issues regarding the divorce are identified. The factual, legal and emotional background is developed. The parties’ interests and identified and understood.

    Stage 3: Brainstorming and Option Development

    Options are brainstormed for each issue, then compared against the interests identified by the parties and prioritized.

    Stage 4: Negotiating and Choosing Solutions

    Options are created, analyzed and prioritized. Proposed solutions are modified and refined to create resolution.

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    Stage 5: Drafting an Agreement, Implementation and Final Debriefing

    An agreement is drafted and finalized. Required court forms are prepared and signed. An implementation plan is developed and carried out. The couple received a final debriefing.

    Does it really work?

    The short answer is yes. Both the International Academy of Collaborative Professionals (IACP) and the Florida statewide organization, The Florida Academy of Collaborative Professionals (FACP) constantly survey the clients their members serve. The outcomes are impressive:

    • 92% of cases are completed with a full settlement agreement
    • 65% of cases took less than 6 months; shorter than much divorce litigation
    • 53% had a total cost of $20,000 or less per client; far less than much divorce litigation

    In addition to achieving successful outcomes, the collaborative approach also has a high client satisfaction rate. The IACP conducted a survey to obtain feedback from collaborative clients following the completion of their divorce:

    • 3/4ths of clients were satisfied with both the outcome (the result) and the process (how they got there)
    • 3/4ths of clients would recommend the approach to a friend.
    • Clients were most satisfied with the extent to which the collaborative process benefited their children, particularly their post-divorce relationship with their children and with their co-parenting relationship.