arejudgesgettinganaccuratepictureofcoLLaBorativedivorce?
Marital & Family law Section
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resolution rate. Across time and geography, the Collaborative Process demonstrates consistent success.
Further, cases complete relatively quickly. Nearly 30 % concluded within three months or less, 60 % within six months or less, and 90 % within one year or less.
Placed in context, termination takes on a different meaning. Terminated cases are not representative of Collaborative Practice; they are the exception, not the rule. Importantly, termination often reflects the ethical design of the process itself— identifying when a matter cannot be resolved safely or appropriately in a non-adversarial setting, or when parties are not yet ready to reach agreement.
Lawyers can also help address the visibility gap through thoughtful practice choices, such as clearly identifying Collaborative matters in pleadings and agreements( for example, titling documents“ Collaborative Marital Resolution Agreement” or“ Collaborative Co-Parenting Plan”). Courts take cues from the documents they review. Consistent, transparent language helps connect successful resolutions with the process that produced them.
Judges do not need persuasion. They need context. When the full picture is visible, Collaborative Divorce is defined not by the few cases that terminate, but by the many that resolve with structure, dignity, and care. n
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See Randy J. Heller & Adam B. Cordover, Statistics on Collaborative Divorce in Florida, Fla. Bar Fam. L. Section Commentator, Vol. XLV, Issue 1( 2025).
Author: Adam B. Cordover – Family Diplomacy: A Collaborative Law Firm
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