DIY Florida helps you create legal documents by answering simple specific questions about your situation. Those legal documents can then be filed electronically through the E-Portal or by hand at your local clerk of court office to start a new court case or respond to an existing court case.
Family Court Tool Kits - These tool kits contain basic information about Florida’s family court. It includes: a timeline of significant family court events; a listing of case types that comprise Florida’s family court; guiding principles; descriptions of the ten core components; information about the one family/ one judge model and noted benefits of the model; filings trends; process maps for dependency, delinquency, dissolution of marriage, and domestic violence injunction cases; and links to additional resources.
Collaborative Divorce is a private way for couples to divorce. Each spouse hires an attorney trained in the collaborative process to help them reach agreement. A neutral financial professional and mental health professional may also work with the spouses to help them reach agreement. Agreements can be reached in 3 to 9 months. After a final agreement is signed, the lawyers file the paperwork necessary to get the divorce approved by the court while maintaining the family’s privacy.
Collaborative Divorce offers:
You have the right to select the process that will work best for you before beginning your divorce. If you consult a lawyer, you should ask the lawyer to explain the different processes that can be used to obtain your divorce. The following are three of the possible choices that are available.
This chart is not meant to be legal advice.
| COLLABORATIVE PROCESS | MEDIATION | LITIGATION | |
|---|---|---|---|
| Do I Need a Lawyer? | Each spouse is represented by a lawyer. | You may hire a lawyer or you may represent yourself. | You may hire a lawyer or you may represent yourself. |
| What Is My Lawyer’s Role? | The lawyers work together with you and your spouse throughout the process to find a resolution. | If you hire a lawyer, your lawyer gives you legal advice, and may attend mediation. | If you hire a lawyer, the lawyer will represent your interests as you and your lawyer agree. |
| How Do I Participate? | Directly with your spouse with the assistance of the Collaborative team. | Neutral mediator will help you and your spouse communicate directly (or through lawyers if you have lawyers). | Through your lawyer, if a lawyer is hired; otherwise you manage your case. |
| How Much Court Involvement? | No court involvement other than approving your agreement. | Little or no court involvement other than approving your agreement. | Usually the highest level of court involvement. |
| Who’s In Charge? | You and your spouse are in charge and make your own decisions using the Collaborative team for assistance. | You and your spouse are in charge and make your own decisions using the mediator (and lawyers) for assistance | Judge is in charge and makes final decisions. |
| What Will It Cost? | Usually less expensive than litigation. | Usually less expensive than litigation. | Unpredictable and can increase rapidly. |
| How Long Will It Take? | You and your spouse create the timetable with team members; usually three to nine months. | You and your spouse (or lawyers) set the timetable with the mediator. | Judge sets timetable; could take more than one year. |
| How Much Privacy Will I Have? | The process is private and confidential. | The mediation process is private and confidential. Your court file is open to the public, and financial and other personal information must be filed with the court. | Your case and court files are open to the public. Financial and other personal information must be filed with the court. |
| How is Conflict Handled? | Collaborative focuses on cooperation over a series of meetings. The entire process is meant to be voluntary and respectful. | Depends on lawyers (if lawyers are involved) and spouses. The mediator guides the conversation. | The judge determines the outcome. |
| Who Is On My Team? | Each spouse has a lawyer; additional neutral professionals are usually recommended. | Lawyers and professional experts are optional. | Lawyers and professional experts are optional. |
The FACP is Florida’s statewide organization of lawyers, financial, and mental health professionals whose mission is to guide families to peaceful divorce using the Collaborative Divorce Process. Collaborative divorce is designed to be a private, respectful process used to resolve divorce and meet the financial, emotional, social and other needs of divorcing families.
Office of Family Courts