Florida Collaborative Divorce Process is Non-Binding (Spouses Can Withdraw)
Preparing for a divorce in Florida? You may be considering using the collaborative law process. There are a number of different advantages, including the fact that collaborative divorce is fully voluntary. In this article, our Clearwater collaborative divorce lawyer explains what it means that this is a voluntary, non-binding process in Florida.
Collaborative Divorce Starts With a Written Agreement in Florida
Florida recognizes collaborative law by statute. Under Florida law, the process begins only after both spouses (and their attorney) have signed a comprehensive collaborative participation agreement that defines scope, disclosures, and ground rules. To be clear, while the agreement is contractual and enforceable, it does not bind either spouse to reach a settlement. Either party may elect to proceed in court at any time. The governing statute (Florida Statutes § 61.56) codifies that participation is voluntary from start to finish.
Withdrawal Is Unilateral and Terminates the Collaborative Process
Either you or your spouse can withdraw from the collaborative divorce process at any time if you feel that it is not working. Indeed, Florida law allows either spouse to withdraw unilaterally, with or without cause. To do so, you will need to provide notice consistent with the participation agreement. Withdrawal immediately ends the collaborative process. Termination also occurs if a party initiates a contested court proceeding, except for limited actions to obtain emergency orders or approve an uncontested settlement. Once terminated, the protections and duties unique to the collaborative setting cease to govern future litigation.
Florida Law Requires Collaborative Divorce Attorneys to Drop Out as Well
Your collaborative divorce attorney can only represent you in the collaborative law process. If either you or your spouse withdraws from the process, then both collaborative law attorneys need to drop out of the case as well. Indeed, a key feature of the Florida model is attorney disqualification. If the collaborative process terminates, collaborative counsel and their associated firms are barred from representing the parties in subsequent contested proceedings arising from the same matter. The rule applies to discourage brinkmanship and to align counsel with settlement incentives during the process. Parties must retain new litigation counsel if they proceed in court.
Non-Binding Status Preserves Flexibility, Requires a Signed Settlement
The bottom line is that collaborative negotiations, proposals, and draft terms do not create enforceable obligations until the parties execute a written settlement agreement that satisfies Florida law. The non-binding nature protects candid problem-solving and interest-based bargaining. It also means that tentative agreements can unravel if not memorialized with precision. An experienced Clearwater, FL collaborative divorce lawyer can represent you in negotiations.
Speak to Our Clearwater, FL Collaborative Law Attorney Today
At the Law Office of Gale H. Moore P.A., our Clearwater collaborative divorce lawyer is a solutions-driven advocate for clients. If you have any questions about the collaborative divorce process in Florida, please do not hesitate to contact us today for a fully confidential case review. We handle collaborative divorce cases across Pinellas County.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.56.html
