Select Page

Streamlined Collaborative Family Law Project

WHAT IS A COLLABORATIVE DIVORCE?

Collaborative divorce is a voluntary process in which couples work to resolve their divorce issues by negotiating and finalizing a Marital Settlement Agreement outside the court system together with divorce professionals. The goal is to reach a fair and equitable resolution without the financial and emotional cost that often accompanies litigation.

The divorce professionals include two family law attorneys (each spouse retains their own attorney), a neutral financial professional to help with financial issues (as needed), and a neutral facilitator to help with constructive communication and preparation of a parenting plan in the best interest of the children (required in every divorce in Florida if minor children are involved). The goal is to assist the couple to complete their divorce process as efficiently and civilly as possible.

Privacy and Confidentiality

The value of privacy and confidentiality cannot be overstated for most couples. The Collaborative Process allows couples facing divorce, and others who are terminating their relationships, to keep their family matters private. The collaborative solutions are expressly designed to keep couples out of court and keep destructive pleadings and filings out of the public record.

The Collaborative Process usually commences before any action is filed in court. It is a private matter between the couple and their divorce professionals. There are no contested hearings or depositions. The Collaborative Process allows the participants to exchange information and documentation in a private forum with transparency and trust facilitated by the collaboratively-trained professional.

Uncontested Dissolution of Marriage

After the Marital Settlement Agreement is negotiated and signed by both spouses, an uncontested dissolution of marriage action can be initiated by either spouse or jointly by the filing of a Petition for Dissolution of Marriage with minimal information.

The Marital Settlement Agreement is then submitted to the Court for ratification, approval and incorporation into a Final Judgment of Dissolution of Marriage. After the entry of the Final Judgment incorporating the Marital Settlement Agreement, both will be fully enforceable under the law. The process is designed to reduce discord and enable productive communication and decision-making during and after divorce especially if minor children and co-parenting is involved.

Florida Statutes Sections 61.55 – 61.58: Collaborative Law Process Act: §61.55: It is the policy of this state to encourage the peaceful resolution of disputes and the early resolution of pending litigation through a voluntary settlement process. The collaborative law process is a unique non-adversarial process that preserves a working relationship between the parties and reduces the emotional and financial toll of litigation.

Collaborative Process for Dispute Resolution of Family Matters may also be used for:

  • Pre-Nuptial, Post-Nuptial and other contractual agreements
  • Paternity and Parenting matters
  • Post Judgment modifications
  • and more

You can find out more about the collaborative divorce process at http://collaborativedivorcemiami.com/

If you are interested in learning more about the collaborative divorce process then you may speak to a professional at the Collaborative Family Law Institute.

If you want to schedule an appointment with the FIU Law Practice, then you may request assistance by completing our online form below or email us at lawpractice@fiu.edu

To contact us by phone, please call (305) 341 - 3949.

More information about the Collaborative Family Law Institute (CFLI) is available at: collaborativefamlaw.com

Would you like to schedule an appointment?


Contact Us