Collaborative Law Act and Florida: What Families Should Know in 2025.

Originally published: April 2022 | Updated: November 2025 | Reviewed by Carol Ann Mazza

Collaborative divorce in Florida is a legal process where couples resolve disputes privately under the Collaborative Law Act, avoiding courtroom battles and protecting privacy.

The Florida Collaborative Law Process Act gives families a way to resolve disputes outside of court, emphasizing cooperation rather than litigation.

This law lets couples keep more control over their situation and keeps things private.

Florida’s collaborative law system took effect on July 1, 2017. It offers families a different path forward.

Instead of leaving all the decisions to a judge, both parties work with their lawyers to reach agreements. This process can help with divorce, child custody, and other family matters.

The collaborative approach works well for couples who want to avoid court drama and protect their kids from conflict. Families who pick this route usually find it less stressful and more affordable than traditional divorce.

Learning how Florida’s Collaborative Law Process Act works can help families make better choices in tough times.

Key Takeaways

• Florida’s Collaborative Law Process Act allows families to resolve divorce and custody matters without going to court.
• Participation agreements require transparency, honesty, and respectful communication.
• Collaborative divorce typically costs 40–60% less and takes months, not years.

What Is The Collaborative Law Act?

The Collaborative Law Act establishes a legal framework for families to resolve disputes without going to court. It protects families who want to work together rather than fight through a traditional divorce.

A Nationwide Framework For Out-Of-Court Divorce

The Collaborative Law Act sets out clear rules for families seeking to avoid court battles. It establishes a structured process in which both spouses work with trained lawyers to reach agreements.

This whole thing is about cooperation, not competition. Families can work out property division, child custody, and support payments through guided discussions.

The act protects families by requiring certain steps. Everyone signs agreements before starting the process, which spells out everyone’s responsibilities and expectations.

Key protections include:

• Confidentiality rules for all discussions
• Requirements for honest disclosure of assets
• Clear guidelines for ending the process if needed

Families can keep relationships intact after divorce. Parents can focus on their kids’ needs without the stress of court battles hanging over them.

Created By The Uniform Law Commission

The Uniform Law Commission adopted the Collaborative Law Act in 2010. This group creates model laws that states can adopt for consistency across the country.

They spent years digging into collaborative divorce practices. They talked to lawyers, judges, and even families who’d gone through collaborative divorce.

Their goal? Make a law that works the same way in every state. That really helps families who might move or have property in different places.

They also got input from mental health professionals and financial experts, because divorce hits more than just legal stuff.

The final act strikes a balance between flexibility and structure. Families can tweak their process a bit, but they still have to follow key safety rules.

Rules For Participation Agreements And Confidentiality

The act says families have to sign participation agreements before they start. These agreements are the legal backbone of the collaborative process.

Participation agreements must include:

• A commitment to work together honestly
• Agreement to share all financial information
• Rules about what happens if the process fails
• Confidentiality protections for all discussions

Confidentiality rules cover everything families discuss during the process. Private conversations can’t be dragged into court later on.

The collaborative law participation agreement defines the exact dates when the process begins and ends. Timing matters for which information stays private.

If the case heads to court, lawyers have to withdraw. This rule keeps everyone focused on finding solutions outside of litigation.

Adoption In 28+ States As Of 2025

The Collaborative Law Act has gotten pretty popular across the United States. As of 2025, at least 28 states and jurisdictions have adopted the Collaborative Law Act.

That growth says a lot. Families and legal pros see real value in this approach, and states notice it helps reduce court backlogs.

Each state can tweak the act to fit its own laws, but the main ideas stay the same everywhere.

Widespread adoption helps families who move or work across state lines. Business owners and military families especially benefit from this consistency.

Benefits of multi-state adoption:

• Consistent rules for families who relocate
• Similar training requirements for lawyers
• Transferable skills for legal professionals
• Uniform confidentiality protections

More states keep considering adoption. The trend toward collaborative law? It doesn’t seem to be slowing down.

Cost Category	Litigation	Collaborative Divorce
Attorney Fees	$15,000 – $30,000+	$8,000 – $15,000
Court Filing Fees	$400 – $1,200	$400 – $600
Expert Witnesses	$5,000 – $15,000	$2,000 – $5,000
Child Specialists	$3,000 – $8,000	$1,500 – $4,000
Financial Advisors	$3,000 – $7,000	$1,500 – $3,500
Total Average	$26,400 – $61,200+	$13,400 – $28,100

How Does Florida’s Collaborative Law Process Work?

Florida’s collaborative law process starts with a signed participation agreement and expects complete transparency from everyone. 

Sometimes, professional specialists join the team, but if things fall apart, the collaborative lawyers can’t represent their clients in court.

Participation Agreement And Commitment

The collaborative law process begins when everyone signs a participation agreement, whether or not court proceedings are already underway. This written contract commits everyone to working together.

The agreement includes specific promises from each party. They have to share all relevant information honestly and can’t threaten court action during the process.

Both spouses agree to respect each other in discussions. The document also asks them to focus on their family’s best interests instead of trying to “win.”

Key commitment requirements include:

• Complete honesty about finances and other important facts
• No threats of litigation
• Respectful communication
• Focus on family well-being

Voluntary Process And Transparent Information Exchange

Florida’s collaborative law relies on voluntary participation and mutual respect among all parties. No one can force a family into this process.

Each person needs to share all documents and info that matter for their case. We’re talking bank statements, tax returns, and other financial records.

The transparency goes beyond just paperwork. Parties need to talk openly about their concerns, needs, and hopes for their family’s future.

If someone refuses to share information or stops participating, the collaborative process ends immediately. The lawyers have to withdraw from representing their clients.

Information that must be shared:

• Financial documents and records
• Property ownership details
• Income and employment information
• Debts and liabilities
• Children’s needs and concerns

Role Of Financial, Child, Or Mental Health Specialists

Collaborative law teams sometimes bring in specialists beyond the attorneys for complex family issues. These experts work together to help families reach better agreements.

Financial specialists help couples understand their assets, debts, and what they’ll need in the future. They build budgets and explain how different settlement options could play out.

Child specialists focus on the kids’ emotional needs during family changes. They help parents develop parenting plans that fit their children’s ages and personalities.

Mental health professionals support families through the emotional messiness of divorce or separation. They teach communication skills and help resolve conflicts.

All specialists must sign confidentiality agreements and work cooperatively with the legal team.

If The Process Fails: Collaborative Lawyers Must Withdraw

If collaborative law breaks down, the attorneys can’t keep representing their clients in court. This rule protects the collaborative process and stops lawyers from using information later in litigation.

The withdrawal rule kicks in even if just one party decides to walk away. Both attorneys must step aside from the case, no exceptions.

Families then have to hire new lawyers if they want to go to court. The new attorneys can’t get their hands on any confidential info from the collaborative process.

This withdrawal rule keeps everyone committed to the collaborative approach. Lawyers and clients know that if the process ends, they’ll have to start over with someone else.

What happens after withdrawal:

• All collaborative lawyers must stop representing their clients
• Parties must hire new attorneys for court proceedings
• Confidential collaborative discussions can’t be used in litigation
• The case moves to traditional court processes

What Florida Laws Govern Collaborative Divorce?

Florida’s collaborative divorce process follows the statutory requirements outlined in Chapter 61 of the Florida Statutes. 

The state also offers official court forms and requires detailed informed consent procedures to protect families choosing this approach.

Statutory And Rule-Based Structure

The Florida Collaborative Law Process Act governs collaborative divorce proceedings throughout the state. This legislation establishes a non-adversarial framework that emphasizes voluntary participation and mutual respect between divorcing spouses.

Chapter 61, Part III, of the Florida Statutes lays the legal foundation for collaborative processes. The law kicked in on July 1, 2017, after the Florida Supreme Court signed off on new procedural rules.

Rule 12.745 of the Florida Family Law Rules governs all collaborative proceedings in Florida. The process officially starts when both parties sign a participation agreement.

The statutory framework isn’t just for divorce. Florida’s collaborative law covers other family law matters, including paternity and child support issues under Chapter 742.

Requirements For Informed Consent And Disclosures

Florida law requires attorneys to provide clients with thorough information before a collaborative divorce begins. Lawyers need to explain that the process is voluntary and demands real commitment from both spouses.

The participation agreement spells out each party’s rights and responsibilities. Attorneys ensure their clients understand how collaborative divorce differs from traditional litigation.

Key disclosure requirements include:

• Explanation of the voluntary participation requirement
• Description of professional team roles and responsibilities
• Information about confidentiality protections
• Details about the termination process and consequences

Attorneys also confirm clients understand they can’t use the collaborative process for tactical gain. The law expects everyone to work toward fair, out-of-court solutions.

Supported By Official Florida Courts Forms

Florida courts offer standardized forms made for collaborative law cases. These forms help keep things consistent and in line with state requirements everywhere in Florida.

The official forms include participation agreements that satisfy statutory standards. Courts also provide forms for case management and final settlement documentation when the collaborative process works out.

Attorneys and families can grab these forms from the Florida court system’s official resources. Using standardized forms helps avoid mistakes that could disrupt the process or cause delays.

The goal is always to reach a comprehensive settlement agreement that covers all aspects of the divorce. When the agreement’s done, attorneys file it with the court for approval and entry of the final judgment.

When court battles feel overwhelming, Collaborative Solutions, P.A. provides a calmer, cost-effective path for families. Resolve disputes with dignity and clarity—Schedule your consultation today.

Is Collaborative Divorce Confidential In Florida?

Florida law gives strong confidentiality protections to families who choose collaborative divorce. 

These privacy rules encourage honest conversations and keep sensitive family matters out of the public eye.

Confidentiality Under Fla. Stat. § 61.58

Collaborative divorce proceedings are strictly confidential under Florida Statutes § 61.58. 

This law blocks communications made during the collaborative process from being revealed in court or other legal proceedings.

The statute creates a legal privilege, like the attorney-client privilege. Conversations between spouses, attorneys, and neutral professionals can’t be used as evidence if they later end up in court. This protection sticks even if the collaborative process falls apart.

Confidentiality is also built into the written participation agreement that everyone signs. All participants agree to keep things confidential as part of joining the process.

The law has exceptions, though. Exceptions include domestic violence, child abuse, criminal activity, or disclosure needed to prevent serious harm.

Privacy Compared To Public Court Records

Traditional divorce creates public court records that anyone can look up. These records include personal financial info, family disputes, and other private details.

Collaborative divorce keeps most of that private. The discussions, negotiations, and personal information shared during sessions stay confidential. Only the final settlement agreement goes into the public record.

This privacy is especially important for families with:

• Business ownership or professional reputations to protect
• Children who really benefit from privacy
• Complex financial situations, they’d rather keep discreet
• Public-facing careers where privacy matters

Confidentiality helps families keep their dignity in a tough situation. It keeps embarrassing details out of the spotlight.

Encouraging Open And Solution-Focused Dialogue

Confidentiality creates a safe space for honest talk. Spouses can raise sensitive topics without worrying that their words will be used against them later.

This kind of openness usually leads to better problem-solving. Families get to explore creative solutions and talk about what really matters to them.

The protected environment nudges both sides to cooperate more. They focus on solutions instead of building a court case. This approach usually means less conflict and better outcomes for children.

Neutral professionals, such as financial advisors or child specialists, can also speak freely. They offer guidance, knowing their advice stays within the collaborative process.

How Many States Use The Collaborative Law Act?

The Uniform Collaborative Law Act was adopted by the Uniform Law Commission in 2009. The commission updated it in 2010, adding both rules and the act itself.

Since then, states have been slowly rolling out their own versions. Each state decides whether and how to adopt it.

Florida’s Adoption Timeline

Florida passed its version in 2016. The Florida Supreme Court added the official rules in May 2017, and everything went into effect that July.

Current Status Nationwide

The number of states using the Collaborative Law Act keeps changing as more states get on board. Some states are still working out their own versions.

The ABA House of Delegates approved the Uniform Acts in February 2024. That move should help encourage wider adoption.

Why Some States Haven’t Adopted It Yet

Some states already have their own collaborative law rules. Others are still thinking things over, trying to decide if the Uniform Act fits their system.

The process takes a while. Each state legislature has to vote on new laws, and legal professionals in many states are still pushing for adoption.

What Forms Do Florida Families Use For Collaborative Divorce?

Florida families must use court-approved forms for collaborative divorce. The Florida Supreme Court adopted collaborative divorce forms in 2020, setting up a standardized system.

Standardized Forms For Collaborative Cases

The Florida Family Law Rules of Procedure, Forms 12.985(a)-(g), provide families with all the documents they need for collaborative divorce. These forms cover the whole process, start to finish.

The main document is the Collaborative Law Participation Agreement. This form lays out the ground rules for how everyone will work together and what each person promises to do.

Other required forms include financial disclosure documents and parenting plan templates. Each form keeps the process organized and legal.

Families can’t just use any old divorce forms for collaborative cases. The standardized forms make sure every collaborative divorce follows the same rules statewide.

Available Through The Florida Courts Website

The Florida Courts website offers free access to all collaborative divorce forms. Families can download and print what they need for free.

The website organizes forms by number and purpose, making it easy to find what you need. Each form comes with instructions for filling it out correctly.

Key forms available include:

• Form 12.985(a): Collaborative Law Participation Agreement
• Form 12.985(b): Interdisciplinary Collaborative Process Agreement
• Form 12.985(c): Notice of Collaborative Process Termination
• Forms 12.985(d)-(g): Additional process-specific documents

It’s always smart to download the most current version of each form. The court website updates them whenever rules change.

Ensuring Compliance With Rule 4-1.19

Rule 4-1.19 covers how attorneys must handle collaborative divorce cases in Florida.

This rule aims to protect families and set ethical standards for lawyers.

The rule asks for specific language in every collaborative agreement.

Attorneys need to explain that if the collaborative process breaks down, they can’t represent their clients in court. That fact alone pushes everyone to try a little harder to work things out together.

Rule 4-1.19 key requirements:

• Clear disclosure of process limitations
• Written agreement signed by all parties
• Specific termination procedures
• Confidentiality protections

Families should ensure their attorney understands these requirements.

When everyone follows the rule, the process moves along more smoothly.

The standardized forms already include Rule 4-1.19 language.

So, if you use the proper court-approved documents, you’re probably covered.

Collaborative Solutions helps families in Fort Lauderdale, Broward, and Palm Beach achieve fair, lasting agreements. Save time and reduce conflict—Contact us to schedule your appointment.

Frequently Asked Questions 

What is collaborative divorce in Florida?

Collaborative divorce is a legal process in which both spouses and their lawyers sign a participation agreement committing to resolve disputes privately, with or without neutral professionals, and avoid going to court. 

How is collaborative divorce different from traditional litigation in Florida?

Unlike traditional divorce, where a judge makes final decisions and the process is adversarial, collaborative divorce empowers spouses to negotiate solutions together—with attorneys and, if desired, financial or child specialists—while maintaining privacy and control. 

Is the collaborative process confidential in Florida?

Yes. Florida’s collaborative process includes confidentiality protections: communications under the participation agreement aren’t publicly filed, and standard litigation discovery procedures are avoided. 

Who is a good candidate for collaborative divorce in Florida?

A good candidate is a couple willing to cooperate, share complete financial information, and maintain respectful communication—especially if children are involved and privacy, cost, and future relationships matter. 

Can we start a collaborative divorce in Florida if the petition is already filed?

Yes. In many Florida cases, the collaborative process can begin even after a divorce petition is filed by submitting a “Notice of Intent to Proceed Collaboratively.” Then the case is managed outside the court litigation track. 

What happens if collaborative divorce fails and we cannot settle?

If the collaborative process fails, the participation agreement typically requires both collaborative attorneys and the neutral team to withdraw, and the spouses must hire new counsel to proceed with traditional litigation.

How long and how much does collaborative divorce cost in Florida compared to litigation?

While times and costs vary by complexity, collaborative divorces often resolve faster (e.g., several months) and cost less than litigated cases because they avoid court delays, duplicative experts, and adversarial procedures.