At Adams, Luka & Benton P.A., we understand that divorce does not always have to be a battle fought in the courtroom. For many couples, the idea of a long, expensive, and emotionally draining legal fight is exactly what they want to avoid. Collaborative divorce provides an alternative that is designed to keep couples out of court, preserve dignity, and allow families to retain control over their futures.
In Florida, collaborative divorce is a legally recognized process that follows specific statutes and ethical guidelines governed by Florida Statute 61.55 - 61.58. This means that couples who choose this approach can rely on a clear legal framework while working together with their attorneys and, in some cases, neutral professionals. Our team is dedicated to guiding clients through this process with compassion, clarity, and a commitment to reaching fair resolutions.
What Is Collaborative Divorce?Collaborative divorce is a structured method for resolving all of the issues in a divorce including custody, child support, alimony, and property division, without litigation. Both spouses hire attorneys trained in collaborative law, and everyone commits to resolving disputes through honest negotiation. The process is voluntary, and both parties must agree to participate.
One of the central features is the participation agreement. This written agreement commits the spouses and their attorneys to transparency, cooperation, and good faith negotiation. If either spouse chooses to leave the collaborative process and pursue litigation, both attorneys are disqualified from continuing representation in court. This rule ensures that the attorneys are invested in working toward a resolution rather than preparing for trial.
In Florida, collaborative divorce is not just an informal idea. It is governed by the Collaborative Law Process Act, which ensures that the process remains confidential, fair, and structured. This law gives couples the assurance that they are operating within an established legal framework rather than relying solely on informal agreements.
Legal Framework in FloridaBecause collaborative divorce is authorized under Florida law, it carries both protections and obligations. The statutes make clear that the process is voluntary and confidential, and they establish the requirements for how collaborative divorces must be handled.
Attorneys who represent clients in these matters must also follow professional conduct rules set by The Florida Bar. Rule 4-1.19 requires attorneys to explain the process thoroughly before their clients agree to it. Clients must give informed consent after being told about both the benefits and risks, as well as what will happen if the process fails. Importantly, lawyers must clarify that if the collaborative divorce does not succeed, they cannot represent the same client in contested litigation on the same issues.
The participation agreement itself is the backbone of the collaborative process. It requires spouses to provide full financial disclosure, share all relevant information, and engage in respectful negotiations. It also explains how neutral professionals may be involved and what steps are taken if either party chooses to end the process.
How the Process WorksWhen you come to Adams, Luka & Benton to explore collaborative divorce, the first step is a consultation. During this initial meeting we talk with you about your goals, your concerns, and whether collaborative divorce is appropriate for your situation. We explain what makes collaborative divorce different from traditional litigation, including cost expectations, likely timelines, and the potential for creative solutions.
If both spouses agree to pursue this path, each will hire a collaborative attorney. The participation agreement is then prepared and signed, setting the rules for how the process will move forward.
Once the agreement is in place, both parties exchange information. Financial transparency is crucial. Each spouse must disclose details such as income, debts, assets, retirement accounts, business interests, and property ownership. If children are involved, information about their needs, education, and general wellbeing will also be shared. This step is similar to discovery in litigation, but instead of relying on subpoenas or court orders, spouses rely on mutual honesty and cooperation.
After disclosures are complete, the spouses and their attorneys begin a series of collaborative sessions. These meetings are where the issues are negotiated. The environment is designed to encourage problem solving and respect, not hostility. If necessary, neutral professionals can be invited to join the process. For example, a financial analyst may be brought in to help clarify asset values or tax implications, or a child specialist may offer input about a parenting plan that supports a child’s best interests.
Over time, as agreements are reached, the attorneys draft the necessary documents. When all matters have been resolved, the agreements are finalized and presented to the court for approval. While a judge must ultimately sign the final divorce order, there are no courtroom battles, no contested hearings, and no lengthy trials. The court’s role is largely administrative once the collaborative agreements are completed.
If the collaborative process breaks down and one party decides to go to court, the attorneys must withdraw. New attorneys must then be retained for litigation. Although this can mean added cost, the requirement is intentional. It ensures that everyone participating in the collaborative process is fully committed to resolution rather than preparing for trial.
Advantages of Collaborative DivorceOne of the most appealing benefits of collaborative divorce is the level of privacy it offers. Court proceedings are public, but collaborative negotiations are confidential. Couples are able to discuss sensitive financial and personal matters without fear that those details will become part of the public record.
Another significant benefit is control. In litigation, a judge ultimately makes the decisions, and those decisions may not reflect the unique needs of your family. In collaborative divorce, you and your spouse decide the terms. This can include parenting plans tailored to your children’s schedules or financial solutions that better fit your circumstances.
The process also tends to reduce conflict. By encouraging respectful communication and focusing on mutual goals, collaborative divorce makes it easier to preserve long-term relationships. This is especially important when children are involved. Parents who can cooperate during divorce often continue to cooperate more effectively afterward, which benefits the children enormously.
Efficiency is another advantage. While the timeline varies depending on the complexity of the case and the willingness of each spouse to cooperate, collaborative divorce often moves more quickly than litigation. Without the need for multiple hearings and trial dates, couples can usually reach resolution in a shorter period of time.
Costs are also often lower. Although collaborative divorce does involve fees for attorneys and potentially neutral experts, it generally avoids the spiraling expenses of litigation, which can involve extensive discovery battles, trial preparation, and multiple court appearances.
Finally, couples often report greater satisfaction with the outcome. Because they actively participate in shaping the terms of their divorce, they are more likely to feel ownership over the agreements and less likely to challenge them later.
Situations Where Collaborative Divorce May Not WorkCollaborative divorce is not appropriate for every situation. If there is a history of domestic violence, abuse, or coercive control, the process may not provide adequate protection. Collaborative divorce depends on equal footing and mutual respect, which may not exist where power imbalances are significant.
It may also not succeed if one spouse is unwilling to cooperate or refuses to disclose financial information. Because honesty is central to the process, lack of transparency can undermine the entire effort.
Urgent matters, such as emergencies involving children or the need for protective orders, may also make collaborative divorce impractical. In those circumstances, court intervention may be necessary to ensure immediate protection.
Finally, cases involving extremely complex finances such as hidden assets or disputes over high-value business holdings may be too difficult to resolve collaboratively if one spouse is uncooperative. Litigation might be the only way to compel disclosure and ensure fairness.
Take the First Step Toward a Collaborative DivorceIf you are considering a collaborative divorce, the attorneys at Adams, Luka & Benton are here to guide you through every step of the process with experience, compassion, and dedication. We understand that divorce can be overwhelming, emotionally charged, and complicated, and our goal is to help you navigate it in a way that minimizes conflict, preserves dignity, and keeps your family’s best interests at the forefront.
Scheduling a consultation with our team is the first step toward exploring whether collaborative divorce is the right path for your situation. During this initial meeting, we will listen carefully to your story, discuss your priorities, and explain how the collaborative process works under Florida law. We will also outline what to expect, including participation agreements, financial disclosures, negotiation sessions, and potential involvement of neutral experts, so you have a clear understanding of how your case may proceed.
At Adams, Luka & Benton, we focus on solutions that empower you and your spouse to reach agreements without the stress and expense of litigation. Our attorneys will work closely with you to ensure that your rights are protected, your concerns are addressed, and every decision is informed and legally sound. Whether your case involves custody arrangements, property division, or financial matters, we are committed to helping you achieve resolutions that are fair, practical, and enforceable.
Contact us today to schedule a consultation and take the first step toward a respectful, cooperative, and legally secure divorce process. By choosing collaborative divorce with our experienced team, you are prioritizing both your family’s future and your own peace of mind.