Is Collaborative Divorce Handled at the County Level in Florida?

The Florida Collaborative Law Process Act is a law in Florida that creates a structured process to allow couples to end their marriage in a cooperative, amicable manner. You may be wondering: Is a collaborative divorce handled at the county level in Florida? The short answer is “yes.” In Florida, collaborative divorce is handled at the county level, and more specifically the Circuit Court for the county where the case is filed. In this article, our Clearwater collaborative divorce attorney explains where collaborative divorce proceedings are actually heard in Florida.

Background of Florida Collaborative Law Process Act

Collaborative divorce is handled at the state level in Florida. The key law is called the Florida Collaborative Law Process Act. It is codified in sections 61.55 through 61.58 of the state Statutes. The law establishes a formal statutory foundation for collaborative law in family disputes, including divorce cases. Under the Act, the “collaborative law process” means a structured, non-litigation dispute resolution mechanism in which parties and their attorneys commit in writing to resolve issues without tribunal intervention. The statute defines key terms such as “collaborative law participation agreement,” “collaborative attorney,” and “collaborative matter.”

Circuit Level Jurisdiction for Collaborative Divorce Cases

In Florida, all divorce cases (including those where the parties elect a collaborative process) are filed as dissolution of marriage proceedings in state court. Indeed, family law matters involving dissolution of marriage fall within the original jurisdiction of the Florida circuit courts, not county courts. Circuit courts have general equity jurisdiction over marital dissolution, child custody, child support, and alimony issues and are the tribunals that ultimately enter final judgments of divorce. The collaborative process itself may begin before filing or during a pending filing, but if a divorce petition is filed it is filed in the Circuit Court for the county of proper venue.

Note: Under Florida law, the proper county for a divorce depends on your residency. Either you or your spouse must be a resident of the county in question.

Once You File for a Divorce, You Do So in the County Circuit Court

You can start the collaborative law process in Florida before you actually file for a divorce. When that happens, you do so by signing the participation agreement along with your spouse. You do not have to worry about court location yet. If the divorce petition has already been filed in your case, your divorce is subject to the circuit court for your particular county. 

Set Up a Confidential Consultation With a Clearwater Collaborative Divorce Lawyer Today

At the Law Office of Gale H. Moore P.A., our Clearwater collaborative divorce attorney is standing by, ready to help. If you have any questions or concerns about the collaborative law process, please contact us today for a completely confidential case evaluation. It is our mission to help clients solve problems and set themselves up for a more stable future. We provide collaborative divorce representation in Clearwater and throughout all of Pinellas County.

Source:

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