Collaborative Divorce Lawyer Tampa, FL
A collaborative divorce allows spouses to resolve their case through structured negotiation instead of contested court hearings. Our Tampa, FL collaborative divorce lawyer at The McKinney Law Group has spent nearly 20 years handling Florida family law matters and has specific training in the collaborative process. Schedule a consultation to talk through whether this approach fits your situation.
Why Choose The McKinney Law Group for a Collaborative Divorce in Tampa, FL?
Collaborative divorce is a formal process under Florida’s Collaborative Law Process Act. Each spouse hires a separately trained collaborative attorney, and both parties sign a participation agreement committing to resolve the case outside of court. A neutral financial professional and a neutral mental health professional typically join the case team. Settlement meetings replace hearings. Full voluntary disclosure replaces formal discovery. If the process breaks down and either party files a contested action, both collaborative attorneys are disqualified from continuing representation. That disqualification provision is what gives every participant a genuine stake in reaching a negotiated outcome.
Two Decades of Florida Family Law Practice
Our founding partner, Damien McKinney, earned his Juris Doctor from Stetson University College of Law in 2005 and was admitted to the Florida Bar in 2006. His academic background also includes a Bachelor of Arts in Psychology from Florida State University. The psychology background translates directly into collaborative work, where managing the communication and emotional dynamics between spouses is as central to the outcome as the legal analysis itself. Damien serves as a family lawyer in Tampa, FL for clients throughout the region and handles both collaborative and traditionally litigated cases depending on what fits the family.
Training in the Collaborative Process
Collaborative attorneys go through specific training in interest-based negotiation, joint problem-solving techniques, and the procedural mechanics that make collaborative cases function differently from traditional litigation. Collaborative work is its own skill set, and we bring that training to every case, alongside experienced financial and mental health professionals serving as neutrals.
Professional Recognition
Damien has been selected as a Rising Star by Super Lawyers every year since 2012 and received the Super Lawyers Distinction of Excellence in 2016. He is an active member of the Florida Bar Family Law Section and the Hillsborough County Bar Association Family Law Section.
“Damien is a pleasure to work with! He is a great communicator who provides thorough, detailed responses. He is passionate about his clients and business, and doing things right. I can tell he also cares deeply about his community and the clients he serves. Definitely recommend working with Damien!” – Sara Ganster
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A Civil, Principled Approach
The collaborative framework works only when both sides operate in good faith, which fits naturally with how our firm handles family law matters overall. We advocate for our client’s interests without letting the case drift into personal conflict, which is exactly what the collaborative model requires. The process loses its value when either party treats it as a tactical step before litigation, and we make sure that doesn’t happen from our side.
Types of Collaborative Divorce Cases We Handle in Tampa
Our collaborative divorce practice covers the range of dissolution matters that fit this resolution option. The process works best when both spouses are willing to disclose openly, negotiate in good faith, and commit to reaching a resolution.
- Standard Dissolutions. Couples who want to resolve property division, support, and, if applicable, parenting issues outside of court. These cases account for the largest share of collaborative practice.
- Divorces Involving Children. Parents who want to build a parenting plan together rather than having one imposed by a judge. The collaborative team often includes a mental health professional who assists with the parenting plan drafting.
- High-Asset Divorces. Spouses with significant assets sometimes prefer collaborative because financial details stay out of public court records and the neutral financial professional helps both sides understand the overall picture.
- Business Owner Divorces. When one spouse owns or both spouses share a business, collaborative negotiation allows the parties to address valuation, buy-out terms, and operational continuity without the disruption of court-imposed deadlines.
- Executive Compensation. Stock options, restricted stock units, and deferred compensation each require careful analysis. The collaborative team handles these issues together with the neutral financial professional.
- Ongoing Co-Parenting Needs. When parents know they’ll be working together around their children for years, the collaborative process produces outcomes that tend to preserve the co-parenting relationship.
- Modifications. Post-judgment modifications of alimony, child support, or parenting plans can be handled collaboratively when both parties are willing to participate.
- Prenuptial and Postnuptial Agreements. Some couples use a collaborative framework to negotiate prenup agreements, which often produces terms both spouses feel were reached fairly.
- Divorces With Privacy Concerns. Couples with public profiles, sensitive business information, or a preference for keeping personal matters private often find the collaborative process’s confidentiality valuable.
- Military Divorces. Service members connected to MacDill and their spouses sometimes choose collaboration when both parties are willing to commit to the process despite the scheduling demands of military life.
Tampa Collaborative Divorce Infographic
Florida Legal Requirements for Collaborative Divorce
Florida recognizes collaborative divorce as a formal alternative to litigated dissolution, with specific statutory requirements that apply to every collaborative case.
Collaborative Law Process Act. Under Florida Statutes § 61.55 and the related provisions at §§ 61.56 through 61.58, Florida recognizes collaborative law as a distinct method for resolving family law disputes. The statute defines what qualifies as a collaborative matter, what a participation agreement must contain, and when the collaborative process formally begins and ends.
Participation Agreement. A signed participation agreement is the foundation of every collaborative case. The agreement commits both parties and their collaborative attorneys to exchange information voluntarily, work toward a negotiated resolution, and refrain from filing contested court motions while the collaborative process is active.
Disqualification Rule. If the collaborative process fails and either party files a contested matter, both collaborative attorneys are disqualified from continuing representation in any subsequent litigation. The parties have to retain new lawyers for the contested phase. This disqualification provision, codified in the statute, gives everyone involved a practical stake in reaching a collaborative resolution.
Confidentiality. Under the statute and Florida Family Law Rule 12.745, communications made during the collaborative process are generally privileged. Offers, admissions, and information shared in collaborative meetings cannot be used in subsequent litigation if the process fails. That confidentiality is what allows spouses to discuss settlement positions openly without worrying about consequences in a later court proceeding.
Required Team Members. The collaborative team typically includes two collaborative attorneys, a neutral financial professional, and a neutral mental health professional or communication facilitator. In cases with children, the parenting plan often benefits from direct input by the mental health professional.
Full Voluntary Disclosure. Collaborative cases require complete and voluntary exchange of financial information, without formal discovery procedures. Both parties commit to transparency as a condition of participating in the process.
Transition if the Process Fails. If collaboration breaks down, the parties retain the right to file a contested dissolution under Chapter 61. The collaborative attorneys withdraw, and each party retains litigation counsel. Any documents shared during the collaborative process remain confidential and protected.
Florida Family Law Rule 12.745. The Florida Supreme Court adopted specific procedural rules governing collaborative cases, including the required form of the participation agreement, notice requirements to the court, and timelines for when the process is considered to have begun and concluded.
Key Components of a Tampa Collaborative Divorce Case
Collaborative divorces succeed when the parties commit to the process, bring full information to the table, and work together toward a negotiated resolution. The components below shape outcomes.
Determining Whether Collaborative Is the Right Fit
Not every case belongs in the collaborative process. Cases involving domestic violence, untreated substance abuse, serious mental health issues, or a party who isn’t willing to make full financial disclosure are generally not appropriate. Cases where one spouse wants to hide assets or use the process as a delay tactic don’t work either. At the first consultation, we assess whether collaboration is realistic for the couple.
Full Voluntary Disclosure
The entire process depends on both parties exchanging financial and personal information honestly and completely. Tax returns, pay stubs, account statements, business records where applicable, and information about parenting arrangements all get shared voluntarily. When disclosure is incomplete, the process stalls.
Coordination With Neutral Professionals
The neutral financial professional analyzes income, assets, tax consequences, and long-term financial implications of settlement options for both parties. The mental health professional manages communication during joint meetings and often works separately with each spouse between sessions to keep the process moving. We coordinate closely with both neutrals throughout the case.
Structured Settlement Meetings
Collaborative cases move through a series of structured meetings, each with a clear agenda and specific issues to resolve. Meeting preparation, both for our client and in consultation with the other attorney and the neutrals, is what produces progress from session to session. Unprepared meetings waste everyone’s time and can cause the process to stall.
Avoiding Damaging Mistakes
Several patterns can derail a collaborative divorce. Withholding financial information undermines the trust the process requires and generally leads to the case collapsing into litigation. Using collaborative meetings as a delay tactic while actually preparing for court is a violation of the participation agreement. Making side communications or offers outside of collaborative meetings creates confusion about what has actually been agreed. Engaging with the other spouse on contentious issues through text or email between meetings creates records that can undermine the process.
Contact The McKinney Law Group
Collaborative divorce offers couples a structured, private alternative to courtroom litigation, but it works only when both spouses commit to the process and to full transparency. Whether you’re exploring whether collaboration is right for your situation or ready to begin the process with your spouse, we’re prepared to protect your best interests and advocate for your future. We work with clients throughout Tampa and the surrounding region. Contact us to schedule a consultation and begin strategizing a path forward.