7 Key Steps in the Collaborative Divorce Process
Collaborative Divorce is a structured, private process where you and your spouse work with specially trained professionals to resolve your legal, financial, and parenting issues without going to court. You and your spouse commit to transparency, respect, and staying out of litigation. As agreements are reached, they are signed and built into a final Marital Settlement Agreement that is submitted to the court for approval, making it enforceable and greatly reducing the likelihood of future court battles.
Step One: Meet with a Collaboratively Trained Attorney
When you start thinking about separation or divorce, your first step is not paperwork. Your first step should be a conversation.
When you meet with a Collaborative Divorce attorney, you will have an honest discussion about what is happening in your family and why you scheduled the consultation. You will talk about your concerns, your priorities, and what outcome you hope to achieve.
You will receive information about the law and the options available to you. As you learn more, your direction will become clearer. You will determine whether divorce is the right path, whether a Postnuptial Agreement better addresses your concerns, or whether investing in counseling serves your family more effectively.
This first meeting gives you understanding, perspective, and direction. When you choose to move forward with Collaborative Divorce, you and your spouse begin working within a structured, team based framework designed to help you reach resolution outside of court.
Step Two: Retaining Collaborative Professionals
Typically, you will retain a Collaborative Divorce attorney. Your spouse will also retain an attorney who is trained and committed to the Collaborative Divorce process. The attorneys communicate with each other and begin building the professional team.
The team usually includes:
- A neutral financial professional
- A neutral mental health professional who serves as a facilitator
In some cases, the process may begin with a financial professional or facilitator, but most commonly it begins with each spouse signing the Participation Agreement.
Step Three: Building the Team and Identifying the Issues
The facilitator will meet with you and your spouse, individually or jointly, to understand the family dynamics. If you have children, parenting concerns are addressed early. The facilitator helps the team of professionals understand emotional dynamics, communication patterns, and any immediate needs that require attention. As you begin discussing parenting arrangements, you will work toward a customized parenting plan that reflects your children’s needs and your family’s schedule.
Step Four: The Participation Agreement
Before the first joint meeting, your attorney will review the Participation Agreement thoroughly with you. That agreement contains the basic rules for a collaborative divorce. Some of the things you will take away from the meeting with your attorney are:
- The process is voluntary
- You will both commit to full transparency
- You will voluntarily share information
- You will maintain confidentiality
- You will treat each other respectfully
- Neither of you will go to court during the process
Step Five: Preparing for the First Joint Meeting
An agenda is created and approved by the professional team. They will review the agenda with you and prepare you for the meeting. They will discuss what you want to address and how to clearly communicate your priorities.
Before the joint session, the professional team meets to make sure everything is ready. After the meeting, the team debriefs to evaluate what went well and what needs adjustment.
Step Six: Joint Meetings and Partial Agreements
You, your spouse, the two attorneys, the financial professional, and the facilitator meet together. In some cases, a neutral note taker is present for everyone’s benefit. As issues are resolved, you and your spouse sign partial agreements. These written agreements outline exactly what you have, and they are accumulated until all issues have been resolved.
Step Seven: The Final Marital Settlement Agreement
Once all issues are resolved, the partial agreements are incorporated into a comprehensive collaborative marital settlement agreement. You and your spouse sign the agreement and in some cases the attorneys will sign as well. That agreement is submitted to the court for approval and entry of a final judgment dissolving your marriage. The judge ratifies the settlement and makes it enforceable. After that, it is rare for couples to return to court.
What Makes Collaborative Divorce Different
- You stay out of court
- You keep your financial and parenting details private
- You commit to respectful communications
If you have children, this matters even more. You and your spouse will remain parents long after the final judgment is entered. The way you resolve your divorce sets the tone for years of co-parenting.
Contact the Law Offices of Robert J. Merlin
If you are considering a Collaborative Divorce and want a smooth and efficient resolution, contact Robert J. Merlin at (305) 448-1555 to schedule a consultation. His experience in Collaborative Divorce will guide you through issues involving children, the division of marital assets and liabilities, and support issues, helping you and your spouse reach thoughtful, well-structured agreements that support your children and position your family for long term stability.
The Law Offices of Robert J. Merlin, P.A. is located at 250 Catalonia Avenue, Suite 706, Coral Gables, FL 33134.
Frequently Asked Questions
1. What happens if my spouse decides to go to court during the collaborative process?
The Collaborative Divorce process ends immediately. Both attorneys are disqualified from representing either of you in litigation. You will represent yourself or retain new litigation counsel. This provision keeps everyone invested in resolution.
2. How long will the Collaborative Divorce process take?
The timeline depends on the complexity of your financial issues, parenting matters, and how prepared you and your spouse are to resolve your differences. Because you control the pace, the process moves as efficiently and as quickly as your circumstances allow.
3. Is everything discussed in the process confidential?
Yes. The Participation Agreement requires confidentiality. Information shared during the process stays within the process and is not used outside of it, except as required to finalize your settlement agreement.
Bob Merlin is a Florida Bar Board Certified Family Law Specialist, he practices in the areas of divorce, time-sharing of children and parenting plans, child support, alimony, paternity, pre-nuptial and post-nuptial agreements, and cohabitation/partnership agreements.
As an experienced Collaborative attorney, Bob continually hones his skills in the Collaborative Process and trains other professionals how to become a Collaborative professional as he is.
“My goal is to help divorcing and other family law clients make well-informed decisions so they experience a more efficient process and feel more in control over their futures.”
