Four Things People Misunderstand About Collaborative Divorce in Florida

Florida has a specialized process to help divorcing couples find low-conflict, mutually-agreeable solutions. Collaborative law can be very effective. There are a lot of misconceptions about what collaborative law is and how it works. At the Law Office of Gale H. Moore P.A., we have extensive collaborative law experience. Here, our Clearwater collaborative divorce attorney highlights four of the most common things that people misunderstand about the collaborative law process in Florida.

Misunderstanding #1: Collaborative Divorce is Just Divorce Mediation 

False. While collaborative divorce and divorce mediation are forms of non-adversarial alternative dispute resolution (ADR) for a divorce, they are not the same thing. Mediation involves a neutral third party facilitating negotiations. In contrast, collaborative divorce is a structured process where each spouse has their own specially trained attorney—often along with financial and mental health professionals—in order to guide the discussions. Collaborative divorce is a more comprehensive and structured process. Parties must sign a participation agreement at the outset.

 Misunderstanding #2: What I Say in the Collaborative Process Can Be Used Against Me 

False. One of the foundational principles of collaborative divorce is confidentiality. Anything discussed during the collaborative process—including settlement negotiations, financial disclosures, and personal statements—cannot be used as evidence if the case moves to litigation. The rule is designed to promote open and honest communication. It helps to encourage both parties to negotiate in good faith without fear of later repercussions.

 Misunderstanding #3: Any Lawyer Can Represent Me in a Collaborative Divorce 

False. Not all divorce attorneys are trained in the collaborative process. A collaborative divorce attorney is one who has undergone specialized training to develop the skills necessary for guiding clients through negotiations without resorting to litigation. You need a Florida collaborative law attorney who is committed to a problem-solving mindset. Notably, under Florida law (Florida Statutes § 61.57), your collaborative divorce lawyer must withdraw representation if you and your spouse exit the process without a settlement agreement.

 Misunderstanding #4: Collaborative Divorce is Binding 

False. Collaborative divorce is not legally binding until both parties agree on terms and sign a formal settlement agreement. Unlike arbitration, where a neutral third party issues a binding decision, collaborative divorce allows spouses to retain full control over the outcome. If an agreement cannot be reached, either party can withdraw and pursue litigation—though doing so means hiring another attorney. Still, the goal of the collaborative process is to reach a voluntary, mutually acceptable resolution. For most couples who enter the process, it works. The overwhelming majority of divorcing couples who opt for collaborative law in Florida are able to reach a settlement.

Contact Our Clearwater, FL Collaborative Divorce Lawyer Today

At the Law Office of Gale H. Moore P.A., our Clearwater collaborative divorce lawyer is a skilled, experienced advocate for justice. If you have any questions about the collaborative law process, we are here to help. Contact us today for a fully confidential initial consultation. Our firm provides collaborative law representation throughout Pinellas County.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.57.html