Collaborative Divorce in Miami: Florida's § 61.55 Process Explained

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated May 28, 2026  ·  ← Home

Florida's Collaborative Law Process Act (§§ 61.55–61.58) created a structured, out-of-court divorce process built around a written participation agreement and a team of professionals. The defining feature: if collaboration fails and the case proceeds to litigation, the original lawyers are disqualified. This page explains how the process works in Miami-Dade, what it costs, and when it's the right choice.

What Is Collaborative Divorce in Florida?

Collaborative divorce is a structured negotiation process where both spouses agree, in writing, to:

• Resolve all issues out of court through a series of structured meetings.
• Engage collaboratively-trained attorneys — one for each spouse.
• Disclose all relevant financial information voluntarily, often before the formal Rule 12.285 process would require it.
• Use neutral professionals — typically a neutral financial professional and, in many cases, a neutral mental health professional or "communications facilitator."
• Commit to the disqualification provision — if either party initiates contested litigation, both attorneys must withdraw and new counsel handle the litigation.

This last item is the structural element that distinguishes collaborative law from mediation. The attorneys cannot "double-up" between settlement and trial. That alignment of incentives is the entire point of the process.

The Florida Collaborative Law Process Act

Florida codified collaborative law in 2017 with Fla. Stat. §§ 61.55–61.58. Key statutory provisions:

• § 61.55: short title and intent — "Collaborative Law Process Act."
• § 61.56: definitions — collaborative law process, participation agreement, collaborative attorney, collaborative matter.
• § 61.57: the participation agreement requirements — must be in writing, signed by the parties, identify the collaborative matter, describe the nature and scope of the matter, and include the disqualification provision.
• § 61.58: privilege — communications made during the collaborative law process are confidential and privileged, with narrow exceptions.

The Florida Family Law Rules of Procedure also adopted procedural rules (Rules 12.745–12.747) that govern stays of court proceedings during collaboration.

How a Miami-Dade Collaborative Divorce Actually Works

Typical sequence for a Miami-Dade collaborative divorce:

1. Initial consultations. Each spouse meets separately with their collaboratively-trained attorney to assess whether collaboration fits.
2. Participation agreement. Both spouses and both attorneys sign the written agreement under § 61.57.
3. Team assembly. Neutral financial professional engaged (typically a CPA, CFP, or CDFA). If children are involved, a neutral mental health professional or child specialist often joins.
4. First 4-way meeting. Both spouses and both attorneys meet to set agenda, scope, and ground rules.
5. Financial gathering. Voluntary, structured disclosure of all relevant financial information — usually completed before what Rule 12.285 would require.
6. Topic-by-topic negotiation. Successive structured meetings to address: equitable distribution, alimony, parenting plan and time-sharing, child support, tax issues. Neutral professionals contribute as needed.
7. Drafting the settlement agreement. Both attorneys jointly draft the marital settlement agreement reflecting the negotiated outcome.
8. Filing for divorce as uncontested. The petition and MSA are filed with the court for a brief uncontested hearing and entry of Final Judgment.

Cost: Where Collaborative Falls vs Mediation and Litigation

Typical cost ranges for a moderately complex Miami-Dade case (alimony + custody + asset division, no business valuation):

• Pure mediation (early, settles in 1–2 sessions): $11,000–$18,000 per side
• Collaborative divorce: $15,000–$40,000 per side
• Contested litigation through trial: $52,000–$117,000 per side

Collaborative typically costs more than pure mediation because of the structured team of professionals, but materially less than contested litigation. The downside risk is real: if collaboration fails, both attorneys are disqualified and the parties start over with new counsel for litigation. That risk has to be priced in.

See our How Much Does a Divorce Cost in Florida for the full cost comparison.

When Collaborative Is the Right Choice

Collaborative divorce works best when:

• Both spouses can engage in structured negotiation without overt hostility
• The marital estate has complexity that benefits from a neutral financial professional (business interests, equity compensation, multiple property types)
• Children are involved and the parents genuinely want to co-parent constructively
• Privacy matters — collaborative discussions are confidential and never become part of a public court file
• Both spouses are willing to disclose voluntarily and earlier than litigation would require

When Collaborative Is NOT the Right Choice

• History of intimate partner violence or coercion
• Suspicion that one spouse is hiding assets — collaborative depends on voluntary disclosure; if you need forensic discovery, court is the right venue
• Mental health or substance abuse issues that prevent good-faith engagement
• Significant power imbalance that voluntary disclosure won't level
• Urgent timing — collaborative is structured around scheduled team meetings; it is not a fast process

The Disqualification Rule — Why It Matters

The collaborative-attorney disqualification under § 61.57 is the structural element that distinguishes collaborative law from any other settlement-focused process. Practically:

• Both attorneys are committed to settlement — they cannot earn fees from later litigation.
• If either spouse decides to litigate, both attorneys withdraw and new counsel must be retained. Sunk fees from collaboration do not transfer.
• This creates a meaningful financial commitment device. It is what makes the process "collaborative" rather than just "cooperative."
• Privilege under § 61.58 protects communications during the collaborative process from later use in litigation.

Related Reading

• Mediation vs. Litigation in Florida Divorce
• Uncontested Divorce in Miami
• How Much Does a Florida Divorce Cost?
• Free Florida Alimony Calculator

Frequently Asked Questions

The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.