Estate Planning
85% of collaborative divorces in Florida reach a full agreement.
Most resolve in under six months — at a fraction of the cost of going to court.
More families across Seminole County are choosing this process over traditional litigation — and it’s easy to see why. You stay in control of the outcome, your family’s private matters stay out of public court records, and you walk away with an agreement you actually helped create.
If you’re in Oviedo or anywhere in Seminole County and want to know whether collaborative divorce is right for your situation, the attorneys at Vollrath Law can help. Schedule a consultation.
In a traditional contested divorce, each spouse hires an attorney to fight for the best possible outcome in court. The attorneys file motions, take depositions, issue subpoenas, and ultimately present their case to a judge. The judge — a person who has likely never met your family before that hearing — makes the final decisions about property division, alimony, child custody, and support.
This adversarial process can take a year or more. It’s expensive. It’s public. And it often leaves both spouses feeling like they lost.
Collaborative divorce changes the fundamental dynamic. Instead of two attorneys fighting against each other, the spouses and their attorneys work together through a structured series of meetings to build an agreement both sides can accept. There are no motions, no depositions, and no courtroom hearings. The only time a judge gets involved is at the very end — to review and approve the agreement the couple already reached.
The result is faster, cheaper, more private, and gives both spouses far more control over the outcome.
One of the biggest differences between collaborative divorce and other alternatives like mediation is the team-based approach. A full collaborative divorce team typically includes:
Two Collaborative Attorneys — one for each spouse. Unlike mediation, where a neutral mediator facilitates but can’t give legal advice, each spouse has their own attorney actively advocating for their interests at every meeting. Both attorneys must be trained in collaborative law practices.
A Neutral Facilitator — usually a licensed mental health professional. The facilitator manages communication between the spouses, helps navigate emotional flashpoints, and keeps meetings productive. When tensions rise (and they will), the facilitator’s job is to bring the conversation back to problem-solving.
A Neutral Financial Professional — a financial expert who works for both spouses, not just one side. This person helps the couple understand the full financial picture: income, expenses, assets, debts, tax implications, retirement accounts, and business interests. Decisions are based on shared facts rather than competing claims.
A Child Specialist (when minor children are involved) — typically a licensed mental health professional who works directly with the children to understand their needs, concerns, and developmental considerations. The child specialist brings the children’s perspective into the parenting plan discussions without ever putting the kids in the middle of their parents’ dispute.
Both spouses share the cost of the neutral professionals. The team approach is more comprehensive than mediation and is a major reason why collaborative divorce has such a high success rate in Florida.
The first step is for each spouse to hire their own attorney who is trained in collaborative law. The attorneys evaluate the case and discuss whether the collaborative process is appropriate for the couple’s situation. Not every divorce is a good candidate — the attorneys will be upfront about that.
The collaborative process officially begins when both spouses, along with their attorneys, sign a Collaborative Law Participation Agreement — Florida Family Law Form 12.985(b)(2). This is required under §61.57, Florida Statutes.
The agreement commits both parties to:
If a divorce petition has already been filed, both parties agree to suspend it and notify the judge that they’ve chosen the collaborative process.
The critical safeguard: If either spouse later decides to abandon the collaborative process and litigate, both attorneys must withdraw from the case under §61.57(4). Both parties would need to hire new lawyers. This shared consequence is what keeps everyone committed to reaching a resolution — and it’s a key reason why more than 85% of collaborative cases in Florida succeed.
Based on the complexity of the case, the attorneys recommend additional professionals. A typical team includes the neutral facilitator and financial professional. If children are involved, a child specialist may be brought in as well. Both spouses meet with the proposed neutral professionals and jointly agree to hire them.
The spouses, attorneys, and neutral professionals meet together — in person or by Zoom — to work through the issues. The first team meeting typically establishes ground rules, identifies each spouse’s individual and shared goals, and assigns tasks.
Here’s what gets resolved through these meetings:
Between meetings, each spouse works individually with their attorney and may meet with the neutral professionals to prepare financial affidavits, develop budgets, and gather documentation.
The process is iterative. The team identifies issues, develops options, evaluates tradeoffs, and builds agreements step by step. This is where the financial neutral earns their fee — by ensuring both spouses are negotiating from the same set of facts rather than arguing about whose numbers are right.
Once the spouses reach agreement on all issues, the attorneys draft the necessary documents — a Collaborative Marital Settlement Agreement (CMSA) and, if children are involved, a Parenting Plan. Each spouse reviews the drafts carefully with their own attorney to ensure the terms are accurate and complete.
Both spouses sign the agreement.
One of the collaborative attorneys notifies the court that the spouses resolved their issues through the collaborative process. The case then proceeds to an uncontested final hearing.
The couple files a Joint Verified Petition — Florida Family Law Form 12.985(g) — asking the court to ratify their agreements. If there are dependent children, a parenting plan is included. The judge reviews the agreement, confirms it meets Florida’s legal requirements, and enters a final judgment dissolving the marriage.
The signed agreement becomes a legally binding court order — fully enforceable, the same as any divorce judgment entered after a contested trial.
The cost of collaborative divorce varies based on the complexity of the issues and the professionals involved. However, it is consistently less expensive than litigation.
According to the Florida Academy of Collaborative Professionals:
By comparison, a contested divorce in Florida can easily cost $25,000 to $50,000+ per spouse — and that’s before trial. Cases that go to trial with expert witnesses, business valuations, and custody evaluations regularly exceed six figures combined.
Why the difference? Collaborative divorce eliminates most of what makes litigation expensive:
Many people confuse collaborative divorce with mediation. While both are alternatives to litigation, there are significant structural differences.
| Mediation | Collaborative Divorce | |
| Your attorney | May or may not be present | Required — each spouse has their own attorney at every meeting |
| Who guides the process | A single neutral mediator | A team: two attorneys, financial neutral, facilitator, and (if needed) child specialist |
| Legal advice | The mediator cannot give legal advice to either side | Each attorney advises their own client throughout |
| If the process fails | No consequence — your attorney continues to represent you in court | Both attorneys must withdraw; both spouses need new lawyers |
| Confidentiality | Varies by agreement | Statutorily protected under §61.58 |
| Success rate | Varies widely | 85%+ in Florida |
Most Florida courts require mediation before trial regardless. Collaborative divorce is a separate, more comprehensive process that couples choose from the beginning. For families dealing with complex finances, business interests, or challenging co-parenting situations, collaborative divorce typically provides more structure and support than mediation alone.
Collaborative divorce requires both spouses to participate honestly and in good faith. It may not be the best option when:
A consultation with a collaborative divorce attorney can help you evaluate whether the process is right for your specific situation.
Collaborative law can be used for any dispute arising under Chapter 61 (dissolution of marriage) or Chapter 742 (paternity), including:
The collaborative process can also be used to negotiate prenuptial agreements before marriage and to handle post-divorce modifications when circumstances change.
One of the strongest protections in Florida’s collaborative law framework is statutory confidentiality.
Collaborative law communications are:
This means both spouses can speak openly during negotiations without worrying that their statements will be used against them if the case later goes to litigation.
There are limited exceptions for threats of violence, plans to commit a crime, or proceedings involving child abuse or neglect. But in the vast majority of cases, the confidentiality protection is robust and meaningful.
Compare this to traditional divorce litigation, where virtually everything — financial disclosures, allegations, custody evaluations, testimony — becomes part of the public court record accessible to anyone.
Vollrath Law helps families throughout Seminole County navigate divorce through the collaborative process — including clients in Oviedo, Winter Springs, Longwood, Lake Mary, Altamonte Springs, Sanford, Casselberry, and Geneva.
Our collaborative divorce attorneys are trained in the collaborative law process and bring the same legal knowledge you’d get in litigation — focused on reaching an agreement that works for your family.
If you’re considering divorce and want to know whether the collaborative process is right for your situation, contact Vollrath Law to schedule a consultation. We’ll walk through your options and help you determine the best path forward.
This page is for informational purposes only and should not be construed as legal advice for any individual case or situation.
Had the opportunity to utilize this office for estate planning: Last Will and Testament, Power of Attorney, Designation of Health Care Surrogate, and Living Will. We had the pleasure of working with Brian Buck and Melora Vandersluis Esq. The process was very smooth and we utilized a secure portal to review documents and to prepare for questions …
Our experience with Vollrath Law was excellent. We had an initial phone consultation for our will and potential trust, then worked with one of the associates by email until we scheduled our signing appointment. Everyone in the office is friendly and professional and answered all of our questions/ concerns …
Sharon, Stephanie and Amanda are the dream team with title closings for my customers and for me personally. Highly recommend for stress free, efficient and fast mortgage closings for new purchases and refinances in the state of Florida.
We can’t wait to help you tackle your legal challenges and achieve your goals! Our first step is to chat with you and really get to know your unique situation. We’ll listen to your concerns, answer any questions you may have, and create a customized legal strategy that meets your needs and goals.
With our strategy in place, we’ll work with you to bring your legal matter to a successful resolution. No matter what legal challenge your family is facing, we’re here to guide you every step of the way.
We understand that legal paperwork can be overwhelming, but we’ll make it easy and stress-free for you. We’ll help you prepare and file any necessary documents, ensuring that everything is accurate and up-to-date.
In some cases, negotiations and mediation can help resolve legal matters without going to court. We’ll work with you to find common ground and reach a resolution that meets your needs and goals.
Our final step is to help you achieve success and move forward with confidence. Whether it’s a finalized estate plan that provides peace of mind, or a successful divorce settlement that protects your interests, we’re dedicated to helping you achieve your goals and thrive in the future.
78% of collaborative divorce cases in Florida resolve in less than six months, and more than 91% resolve within nine months. The timeline depends on the complexity of the issues and the couple’s willingness to engage. Because you’re not dependent on court scheduling, you largely control the pace.
Yes. Once the agreement is approved by a judge and incorporated into the final judgment, it has the same legal force as any divorce order entered after a contested trial. It’s a court order, fully enforceable under Florida law.
If either spouse decides to litigate, both collaborative attorneys must withdraw from the case under §61.57(4). Both spouses would need to hire new attorneys. This rule is intentional — it’s the built-in incentive that drives the 85%+ success rate. Work product from the collaborative process (such as financial analyses) may be carried forward with the agreement of both parties.
Yes. Under Florida law, each party in a collaborative divorce must have their own collaborative attorney who provides independent legal advice throughout the process.
Yes. The collaborative process regularly handles parenting plans, time-sharing schedules, and child support calculations. When children are involved, a child specialist may be added to the team to ensure the children’s needs are at the center of every decision.
The neutral financial professional ensures both spouses have a clear, shared understanding of the household finances. Alimony and support are negotiated based on complete financial information — the same factors a court would consider under §61.08, Florida Statutes — but with more flexibility in how the support is structured.
Yes. The Florida Supreme Court approved a set of collaborative divorce forms in 2017:
Your collaborative attorney will prepare and file these documents on your behalf.
