When Does the Collaborative Divorce Process Begin and End in Florida?

Many divorcing couples in Florida can help to limit conflict through the collaborative divorce process. Collaborative divorce is a structured process in Florida. You may be wondering: When does collaborative law start and end? The short answer is that it starts when both spouses sign a participation agreement and it ends when the divorce is settled or one (or both) spouses opts to withdraw. Here, our Clearwater collaborative divorce lawyer provides a more comprehensive overview of when the process begins and ends in Florida.

A Court Cannot Force Either Spouse Into Collaborative Divorce

Collaborative divorce is voluntary. Florida Statutes § 61.57 expressly provides that a tribunal may not order a party to participate in a collaborative law process over that party’s objection. A judge can encourage settlement, refer parties to mediation, manage deadlines, and approve agreements. However, the court cannot compel a spouse to use the collaborative process if that spouse does not agree to it. That voluntariness matters because collaboration depends on a different structure than litigation. The parties agree to exchange information, negotiate in good faith, and work toward a signed resolution outside contested court proceedings.

The Process Begins With a Signed Collaborative Participation Agreement

Under Florida’s Collaborative Law Process Act, the collaborative divorce process begins when the parties enter into a collaborative law participation agreement. The key point is that the process does not begin merely because one spouse suggests collaboration, because the parties attend an informal meeting, or because they agree that they would prefer to avoid litigation. Florida law ties the formal start of the collaborative process to the signed agreement. The statute also makes clear that the process can begin regardless of whether a court case is already pending. In other words, spouses may enter the collaborative process before filing a petition for dissolution of marriage, or they may shift into collaboration after a divorce case has already been filed.

The Process Can End When the Divorce Case is Resolved by Signed Agreement

A collaborative divorce may end successfully when the spouses resolve the collaborative matter in a signed record. In practical terms, that usually means the parties reach a written settlement agreement covering all issues necessary to complete the divorce. The agreement may then be submitted to the court for approval and incorporation into a final judgment of dissolution of marriage. Florida law also allows a collaborative process to conclude through partial resolution.

The Process Can Also End by Termination or Withdrawal

The collaborative process can end before settlement. Under Florida law, a party may terminate the process with or without cause by giving notice in a record that the collaborative process is concluded. The process may also terminate if a party initiates certain contested court action inconsistent with collaboration, or if a collaborative attorney is discharged or withdraws and the statutory continuation requirements are not satisfied. 

Call Our Clearwater, FL Collaborative Divorce Lawyer Today

At the Law Office of Gale H. Moore P.A., our Clearwater collaborative divorce lawyer provides solutions-focused representation to clients. If you have any specific questions about how collaborative law works, we can help. Contact us today for a completely confidential, no obligation case evaluation. Our firm handles collaborative divorce throughout Pinellas County.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html