Collaborative law or collaborative divorce is an alternative to the traditional divorce process in the court system—it is a process in which spouses hire attorneys to help dissolve the marriage by resolving differences through agreement rather than by litigation in court.

In collaborative law, the spouses try to come to agreements on the division of property, spousal support payments, child support payments, and child custody schedules—rather than the judge making these decisions by court order. Collaborative law is designed to reduce some of the more confrontational, destructive conflict in the divorce litigation process, while offering the spouses greater privacy and confidentiality in their personal lives.

The characteristic elements of collaborative law include:

• a written agreement signed by the spouses and their lawyers that no one will use or threaten to use the court process during the collaborative process

• each spouse has a lawyer and actively participates in all negotiations

• financial and other experts are retained jointly and are prohibited from working for the spouses if the spouses decide to use the litigation process

• neither lawyer can participate in any litigation against the other spouse after working as a collaborative lawyer on the matter

• the lawyers are terminated (“fired”) if the spouses decide to use the litigation process

Many states have laws that define the collaborative law process and give effect to the agreements made by the spouses. These laws are generally located in the state’s statutes—often in the family or domestic relations code.

In Florida, collaborative law is recognized as a legal alternative to traditional divorce litigation. It is governed by the Florida Collaborative Law Process Act, which is found in Sections 61.55 to 61.58 of the Florida Statutes. This act provides a framework for the collaborative divorce process, where each spouse is represented by an attorney and all parties commit to resolving their disputes outside of court. The key elements of the process include a participation agreement that precludes the attorneys from representing the spouses in court if the collaborative process fails, the use of joint neutral experts, and the commitment to open communication and confidentiality. The goal of collaborative law in Florida is to facilitate amicable settlements that address the division of property, alimony, child support, and child custody without the need for contentious court battles. If the collaborative process breaks down, the attorneys involved in the collaborative law process must withdraw, and the spouses must retain new attorneys for litigation.