Tag Archive for: St Petersburg Collaborative Divorce

Families Don’t Belong In Court

 

Families don’t belong in court, especially when privacy, dignity, and the best interests of children matter to you. Yet for decades, lawyers have treated the courtroom as the default place to resolve divorce.

Court is built to impose an outcome after pitting parties against each other. Divorce is about navigating a family transition. Those are not the same thing, and when we confuse them, families often pay the price.

Quick Answer

Families don’t belong in court because the adversarial system escalates conflict, makes private matters public, and allows a judge to impose life-shaping decisions.  It is a terrible forum if you want to protect privacy, preserve dignity, or support children during a family transition.

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Does Florida’s Collaborative Divorce Statute Protect Confidentiality?

When you face divorce in Florida, you may worry that your financial information, business details, or parenting struggles could become part of a public court file. If you or your spouse are a doctor, lawyer, executive, business owner, or anyone who values privacy, the idea of those details becoming public can feel overwhelming. You want a process that keeps your information protected and puts you, not a judge, in control.

Collaborative Divorce offers that protection. One of the most common questions clients ask is whether Florida’s Collaborative Law statute truly protects confidentiality.

Quick Answer

Yes. Florida’s Collaborative Divorce Statute (specifically, Fla. Stat. §61.58) protects confidentiality by, with narrow exceptions, keeping Collaborative communications private and preventing them from being used in court. The statute also protects nonparty participants (for example, a Neutral Financial Professional or Neutral Facilitator) so the professional team can help you make informed decisions without fear that exploratory discussions meant for informal discussions will later become evidence in a trial.

Key Takeaways

  • Collaborative communications are confidential and generally cannot be used against you in court.
  • The confidentiality and privilege belongs to the spouses and, in certain instances, nonparty participants.
  • Neutral Financial Professionals and Neutral Facilitators are nonparty participants who receive protections so they can work freely and creatively.
  • Fla. Stat. §61.58 has narrow exceptions, such as threats of harm or information that must be reported under other laws.
  • The process supports open problem-solving and protects privacy, which can be especially helpful for high-asset families.

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