Can We Start the Collaborative Divorce Process After We Already Filed?
The collaborative law process in Florida is a structured option that can be used to help couples end their marriage in a cooperative, low-conflict manner. You may be wondering: Can we use Florida’s collaborative law process even if we already filed or divorce? The short answer is “yes.” If both spouses are willing, they can enter the collaborative law process even if a divorce petition has been filed. Here, our Clearwater collaborative divorce attorney explains the key things to know about entering the collaborative law process in Florida after you have already filed for divorce.
Understanding How Collaborative Law Works With a Pending Divorce Petition in Florida
The Florida Collaborative Law Process Act governs the collaborative divorce process. Notably, it allows spouses to enter a collaborative participation agreement even after one spouse files a petition. The court keeps the case open, but the litigation pauses once both parties sign the agreement and properly notify the court. The agreement must confirm voluntary participation, full disclosure obligations, and the use of neutral professionals. In other words, the pending case does not block entry into the collaborative divorce process. Quite the contrary, Florida courts often encourage willing couples to try collaborative divorce, mediation, or other forms of negotiation.
What You Must Do to Transition Into a Collaborative Divorce
You need a participation agreement to use Florida’s collaborative divorce process. Indeed, spouses must jointly sign a participation agreement that meets the requirements of Florida Statutes Chapter 61. Among other things, each spouse is required to have independent counsel. You need a collaborative divorce lawyer. As part of the law in Florida the attorneys (your attorney and your spouse’s attorney) must withdraw representation if the process fails. In other words, a collaborative divorce lawyer can only represent you in the collaborative divorce process. If the process does not work, he or she cannot represent you in any future divorce litigation. It is a rule that helps to shape incentives. With collaborative divorce, you and your spouse create a private negotiation environment supported by neutral experts such as financial specialists or mental health facilitators.
When the Collaborative Path Makes Sense After Filing
Some couples file quickly to preserve rights or start the timeline. They later decide they want less conflict. The collaborative process works well in that scenario. It supports structured negotiations with confidentiality protections that litigation cannot offer. You get space to slow the conflict cycle. You regain control over scheduling, information exchange, and settlement design. You also reduce the risk of positional posturing that often appears once pleadings start flying. The process creates room for creative problem solving that a court cannot impose. Spouses who already filed sometimes fear that it is too late to shift tracks. It is not. Judges routinely accept withdrawal of counsel and substitution with collaborative counsel when both parties commit to the model. The key is willingness to make a good faith effort to reach a settlement.
Call Our Clearwater, FL Collaborative Law Lawyer Today
At the Law Office of Gale H. Moore P.A., our Clearwater collaborative divorce attorney provides solutions-focused legal guidance and support. If you have any questions or concerns about collaborative law in Florida, please contact us today for a confidential consultation. We provide collaborative divorce representation throughout the entire region in Florida.
