What is Collaborative Family Law and How Does it Work in Florida?

Are you preparing for a divorce, a custody dispute, or another type of family law case? If so, you are probably looking for an amicable resolution that protects your rights and your family. Most people do not want a big fight. Florida’s collaborative law process exists to facilitate cooperation in daily cases. The Florida Collaborative Law Process Act establishes the framework. Here, our Florida family law attorney explains what collaborative law is and how it works.

What is Collaborative Law in Florida?

Collaborative law in Florida is a voluntary, out-of-court dispute resolution. It allows divorcing or separating parties to work with collaboratively trained attorneys—and often neutral professionals as well—to reach a mutually acceptable agreement without the need for litigation. All participants sign a collaborative participation agreement, and if the process fails, the attorneys involved must withdraw from further representation. The goal is to resolve family law matters respectfully, privately, and efficiently through open communication and cooperation.

How Collaborative Law Works in Florida: Know the Steps

Step #1: The Parties Must Agree to Collaborative Law (Sign Participation Agreement)

Collaborative law is fully voluntary. No person can be forced into the process. It begins when both parties voluntarily choose to resolve their family law dispute outside of court. Under Florida Statutes § 61.56(1), each party must sign a written “collaborative participation agreement.” The agreement sets the ground rules for confidentiality, transparency, and the process more broadly.

Step #2: You Should Consult With a Florida Collaborative Law Attorney

Collaborative law is complicated. It is imperative that you have reliable legal representation. Indeed, each party in a collaborative law case must be represented by a lawyer trained in collaborative practice. Your attorney will serve as an advocate and advisor while helping you work cooperatively toward a settlement. Unlike traditional litigation, collaborative lawyers focus on negotiation.

Note: If you withdraw from the collaborative law process without an agreement, your attorney must withdraw from the case. They cannot represent you in any related litigation.

Step #3: A Series of Joint Collaborative Meetings are Scheduled and Held

The parties and their collaborative team meet in structured sessions to discuss issues, exchange information, and explore options for a resolution. These meetings are confidential under Florida law. How many collaborative sessions will be needed depends entirely on the complexity of the case. In some circumstances, a single meeting may be enough for an agreement.

Step #4: A Final Agreement is Reached and Submitted to the Appropriate Court

The goal of the collaborative law process is a settlement agreement. Ideally, one can be reached in your case. Once all terms are agreed upon—regarding divorce, parenting, property division, support, etc.—your Florida attorney will help you draft an agreement and submit it to the appropriate court. The agreement can lead to a final judgment without litigation.

Contact Our Florida Collaborative Law Attorney Today

At Rebecca H Fischer PA, our Florida collaborative lawyer is committed to helping clients find the best solution for their specific situation. You do not have to take on the complexities of the collaborative law process alone. Call us at 954-927-4097 or contact us online to set up your completely confidential, no-obligation case review.