On May 18, 2017 the Florida Supreme Court adopted rules to govern Collaborative Divorce in Florida. The formal adoption of rules is a welcome development for those of us who are believers in the collaborative divorce process.
I also agree with the rule requirements to make sure prospective clients understand the costs and benefits of choosing the collaborative model before agreeing to the process. However, if this type of “warning label” is going to be part of the rules, I think that the Court should consider requiring attorneys to discuss the costs and befits of choosing a “litigation first” process. From my review of the appellate cases each month, it seems like the “litigation first” approach can easily spin out of control in terms of cost.