If you and your spouse agree to use the Collaborative Divorce process in Florida, one of the first steps you’ll take is signing a Collaborative Participation Agreement. This agreement sets the tone for a respectful, private, and team-supported process to resolve your divorce without fighting in court. It’s a powerful document that helps you and your spouse stay focused on resolution instead of conflict.  And, because the rules of Collaborative Divorce are so different than the old-style adversarial divorce options, it is important that you understand what you and your spouse are signing yourselves up for.

Below is a summary of what our law firm’s most commonly used Collaborative Participation Agreement includes—and why it matters to you.  You will also find the text of our current Collaborative Participation Agreement below (please note that your Collaborative Participation Agreement may vary from the one below).

Who’s on Your Team?

In a Collaborative Divorce, each spouse has their own separate lawyer so that each of you can speak freely and get independent legal advice. These lawyers don’t act as adversaries—instead, they work together to help both of you reach a solution. In your case, one of the attorneys may be Adam B. Cordover, a leader in Florida’s Collaborative Law movement and co-author of the American Bar Association’s book Building a Successful Collaborative Family Law Practice. Adam has trained professionals across the U.S. and abroad and brings deep knowledge of complex financial matters.

This is the most common model of Collaborative Divorce used in Florida.

You’ll also likely have:

• A Neutral Facilitator – A licensed mental health professional who is a communication specialist, team leader to keep discussions progressing (rather than focused on the fights of the past), and expert of childhood development to help craft a parenting plan tailored to your kids’ needs (if there are children).
• A Neutral Financial Professional – A financial expert who helps efficiently gather required documents (known as “mandatory disclosure”), educate both spouses so that each understands what is in the marital bucket before expected to make long-lasting decisions, and build realistic support and property division options that work for your family.
• Collaborative Assistant – A volunteer notetaker.  The Collaborative Assistant agrees to the same confidentiality rules as the other professionals.  He or she takes notes during meetings so that your professionals can focus in real time on tending to your family’s needs.

Other specialists, like child or business valuation experts, can be brought in if needed.

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