How is Collaborative Process Divorce Different from Traditional Divorce Litigation?

Most people want to get through the divorce process in the most amicable manner possible. In Florida, there is a specialized process known as collaborative divorce that is designed to help reduce conflict and promote mutually agreeable problem-solving. It is far different from traditional litigation. Here, our Hollywood collaborative process divorce lawyer explains how the process is different from traditional divorce litigation.

Four Reasons Why a Collaborative Divorce is Different from Divorce Litigation

1. The Collaborative Divorce Process is Voluntary and Confidential

Collaborative divorce is governed by the Florida Collaborative Law Process Act. The law requires both parties to voluntarily sign a participation agreement. Unlike litigation, which occurs in open court, the collaborative process is private, confidential, and voluntary. That means that discussions, documents, and negotiations that occur during collaboration are not admissible in court if the process fails. The confidentiality clause encourages honest communication between spouses. Remember, even if the collaborative law process does break down, anything shared within the collaborative law setting itself is not admissible evidence in any future court case.

2. The Goal of Collaborative Divorce is to Avoid Litigation

Collaborative divorce is an alternative to divorce litigation. Indeed, in a collaborative divorce in Florida, the parties agree to resolve all matters without asking a court to decide. Both spouses retain collaboratively trained lawyers who are disqualified from representing them in litigation if collaboration fails. The commitment shifts the focus from adversarial to joint problem-solving.

3. The Collaborative Divorce Process Allows for Shared Experts

Collaborative divorce uses a team-based model that often includes neutral financial specialists, mental health professionals, and child experts. These neutrals are jointly retained and serve both parties without bias. Their role is to provide professional guidance and help facilitate resolution. With divorce litigation, each side typically hires their own experts. The problem is that there can be competing opinions, cross-examination, and increased costs. In contrast, the collaborative model allows for shared costs, joint expert input, and overall minimized conflict.

4. The Collaborative Law Process is Focused on Long-Term Family Outcomes

Traditional divorce litigation often centers on immediate legal victories. That can include things like motions granted, discovery compelled, or judgments won. Collaborative divorce prioritizes durable, interest-based solutions that support long-term stability, especially in families with children. Remember, it is a fundamentally cooperative process. For example, imagine you are a parent in Florida going through a custody case as part of a divorce. Your parenting plans will be developed with input from child specialists and are tailored to the child’s best interests under Florida Statutes § 61.13. The collaborative process can be very effective for a cooperative outcome for parents.

Contact Our Hollywood Collaborative Process Attorney Today

At Rebecca H Fischer PA, our Hollywood, FL family lawyer has the skills, knowledge, and experience to provide collaborative law representation. If you have questions, we are here to help. Call us at 954-927-4097 or contact us online for a confidential consultation. With an office in Hollywood, we provide collaborative divorce representation throughout the region.