Understanding Confidentiality Protections in Collaborative Divorce in Florida

Florida’s collaborative divorce process offers an option for couples to end their marriage in a cooperative, structured manner. There are many advantages associated with collaborative divorce, including that the process is strictly confidential. Here, our Clearwater collaborative divorce attorney explains the key points that you need to know about the confidentiality protections for collaborative law in Florida, including what they are, how they work, and the exceptions.

An Overview of Confidentiality Protections and Collaborative Divorce in Florida

First and foremost, it is important to understand that confidentiality is one of the central features of the collaborative divorce process in Florida. Under Florida Statutes § 61.58, any communication made during a collaborative law process is considered a privileged and confidential “collaborative law communication.” To be clear, the protection applies whether the communication is verbal or written and regardless of whether it is between the parties, attorneys, or neutral professionals. The law promotes open, honest dialogue by shielding communications from being used in court.

The Bottom Line: What you say in collaborative law negotiations is protected and cannot be used in future family law litigation if it occurs.

How Confidentiality is Enforced (Participation Agreement, Attorneys Must Withdraw)

Confidentiality in a Florida collaborative divorce is contractually reinforced through a written participation agreement signed by both parties and their attorneys. The agreement outlines the structure of the process, includes provisions for voluntary disclosures, and commits all participants in the process to confidentiality. The participation agreement is binding.

Notably, a key enforcement mechanism of confidentiality is the disqualification clause: if the collaborative process breaks down, both attorneys must withdraw from the case and cannot represent their clients in future litigation regarding the same matter. You or your spouse can withdraw from the collaborative divorce process—but you must get a new attorney.

 An Overview of the Exceptions to Confidentiality in Collaborative Divorce Proceedings 

While Florida law provides very strong confidentiality protections within a collaborative divorce, it is important to know that there are some (narrow) exceptions. Here are the most notable exceptions as listed within the Florida statutes:

• Active threats or acts of bodily harm against a spouse;
• Admissions of child abuse or neglect; and
• Any admission where disclosure is required by law or necessary to prevent a crime.

Beyond that, the confidentiality privilege can also be waived—either explicitly or implicitly—by the parties. Indeed a spouse who signs a participation agreement can always voluntarily opt to make disclosures at a future time.

Contact Our Clearwater, FL Collaborative Divorce Lawyer Today

At the Law Office of Gale H. Moore P.A., our Florida collaborative divorce attorney is a compassionate, experienced advocate for clients. It is our mission to find solutions. If you have any questions or concerns about the collaborative law process, please do not hesitate to contact us for a fully confidential, no obligation initial consultation. We provide collaborative divorce representation in Clearwater, Largo, and throughout all of the region in Pinellas County.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.58.html