COLLABORATIVE DIVORCE AND FAMILY LAW IN FLORIDA. No matter how you look at it, divorce and family law matters are difficult to go through. Expectations of stability are shattered,

mistrust grows, and bills pile up. And then the litigation begins. Attorneys file and serve petitions, counterpetitions, requests to produce, and motions to compel. Each party hires dueling mental health experts to convince a judge that he or she should have more time with the children. Privacy is eliminated as each party’s life is probed and publicly questioned so that one side may gain a tactical advantage.

But there is a different way. A more civilized way. And it is called Collaborative Family Law (also known as Collaborative Divorce or Collaborative Practice).

We are a Collaborative law firm dedicated to helping people resolve personal disputes without destroying their families. We encourage the use of the Collaborative Family Law model in divorce, child custody, child support, alimony, post-judgment, prenuptial, and most other family law cases. Further, Adam B. Cordover is an internationally-recognized leader in Collaborative Practice, a trainer who teaches other professionals how to help families Collaboratively, and author of an upcoming American Bar Association book on Collaborative Law.

Tampa Same Sex Divorce Appeal: Text of Answer Brief

October 13, 2014/2 Comments/in Case Law Update, Collaborative Divorce, Family Law News, LGBT Family Law Matters //Tags: Defense of Marriage Act, DOMA, gay and lesbian couples, gay and lesbian parents, gay marriage, gay parental rights, gay rights, lesbian rights, LGBT family law rights, same sex couples, same sex marriageby Adam B. Cordover, Attorney-at-Law

We know all men are not created equal in the sense some people would have us believe – some people are smarter than others, some people have more opportunity because they’re born with it, some men make more money than others, some ladies make better cakes than others – some people are born gifted beyond the normal scope of most men.

But there is one way in this country in which all men are created equal – there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution … is a court. It can be the Supreme Court of the United States or the humblest [lower] court in the land. . . . Our courts have their faults, but in this country our courts are the great levelers, and in our courts all men are created equal.

Lee, Harper. To Kill a Mockingbird, pg. 274 (1960). Mockingbird is a timeless novel set in the fictional town of Maycomb, Alabama in the 1930’s. Discrimination was the norm and “separate but equal” ruled the day. Plessy v. Ferguson, 163 U.S. 537 (1896). The words are from a different time, yet they apply directly to the laws being challenged in this Court.

You can find the answer brief in the Tampa same sex divorce appeal at the following link: 2D14-2384 Shaw Appellee’s Answer Brief.

Will a Florida Judge Order a Doggy Custody Schedule?

October 4, 2014/1 Comment/in Case Law Update, Collaborative Divorce, Money & Property, The House //Tags: child custody, child custody case, child custody determination, dog custody, dog support, doggy custody, doggy support, Florida child custody, kitty custody, parent child relationship, pet custody, pet support obligationby Adam B. Cordover, Attorney-at-Law

When two people are getting divorced in Florida, and they have one or more minor children, a custody schedule (now known in Florida as a time-sharing schedule) must be established. Approximately 90-95% of all cases settle at some point (whether it is before the filing of a petition for divorce or after spending tens or hundreds of thousands of dollars preparing for or even going through trial), and so the parties generally end up agreeing to a child time-sharing schedule. But in those times where they do not agree, a Florida family law judge will take the decision out of the hands of the parents and set a time-sharing schedule.

But divorce doesn’t only affect the children. It also affects the family pets. So will a Florida judge order a doggy (or kitty) custody schedule?

Tampa Same Sex Divorce Case First DOMA Challenge Certified to Florida Supreme Court

August 28, 2014/0 Comments/in Case Law Update, Collaborative Divorce, Family Law News, Florida Statutes, LGBT Family Law Matters //Tags: 13th Judicial Circuit, collaborative divorce, Collaborative Law, DOMA, Florida Statutes, gay and lesbian couples, gay marriage, gay rights, jurisdiction, lesbian rights, LGBT family law rights, same sex couples, same sex marriageby Adam B. Cordover, Attorney-at-Law

Can two women who were married in Massachusetts but now are residents of Florida divorce in Florida? That is the question that my Tampa client and her wife were looking to have answered in the affirmative. The trial judge determined that she did not have the power to dissolve a marriage that the State of Florida did not recognize.

When we appealed, we asked a panel of judges to skip the normal appellate process and go straight to the Florida Supreme Court. Our argument was that this case involves issues of such public importance, and that determining whether married couples of the same sex can divorce affects the administration of justice throughout the state. Our request for the expedited process was denied.

And then we got word yesterday. The judges of the Second District Court of Appeals decided en banc (with the input of all of the judges of the Court, excluding a judge who had recused himself) that this case should go straight to the Florida Supreme Court.

Below are portions of the brand new ruling:

Florida Bar Family Law Section Moves To File Brief In Same Sex Divorce Appeal

August 16, 2014/3 Comments/in Case Law Update, Collaborative Divorce, Family Law News, LGBT Family Law Matters //Tags: 13th Judicial Circuit, alternative dispute resolution, appeals, case law, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, Defense of Marriage Act, dissolution of marriage, divorce, DOMA, gay and lesbian couples, gay and lesbian parents, gay marriage, gay rights, legal separation, lesbian rights, LGBT family law, LGBT family law rights, marriage equality, same sex couples, same sex divorce, same sex marriage, Second District Court of Appeals, Tampa, uncontested divorceby Adam B. Cordover, Attorney-at-Law

The Family Law Section of the Florida Bar, representing over 4,000 attorneys and affiliate members, has decided to file a brief in a divorce appeal in favor of the right of same sex spouses in Florida to divorce. The Family Law Section is joined by the American Academy of Matrimonial Lawyers (“AAML”) in what is believed to be the first same sex divorce case in Florida to challenge the state’s Defense of Marriage Act and constitutional amendment banning “gay marriage.”

As an attorney for one of the spouses – who were married in Massachusetts, moved to Florida, and filed for divorce in Hillsborough County – I welcome the support of the Family Law Section and AAML.

In their motion requesting permission to file an amicus brief, the Family Law Section and the AAML write the following:

New Collaborative Divorce Brochure from the IACP

August 7, 2014/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, International Academy of Collaborative Professionals, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

The International Academy of Collaborative Professionals, a non-profit organization dedicated to helping families work through divorce and other issues privately and respectfully, recently put out a new electronic brochure that explains the collaborative divorce process. To view the brochure, click on the link below, then click on the bottom right hand-corner of the brochure and drag to the left to flip through the pages:

http://collaborativepractice.com/media/41538/e_brochure_ENGLISH.swf

You can also find out about collaborative practice in the Greater Tampa Bay and Sarasota areas by going to the website of Next Generation Divorce, a local network of caring collaborative professionals.

Tampa Tribune: Florida Gay Marriage and Gay Divorce Cases

July 26, 2014/2 Comments/in Case Law Update, Collaborative Divorce, Family Law News, Florida Statutes, LGBT Family Law Matters //Tags: collaborative attorney, collaborative divorce, collaborative family law, Collaborative Law, collaborative practice, Defense of Marriage Act, DOMA, gay and lesbian couples, gay and lesbian parents, gay marriage, gay rights, lesbian rights, LGBT custody rights, LGBT family law, LGBT family law rights, same sex couples, same sex divorce, same sex marriage, same-sex parents, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

As I wrote in a previous post, a Florida Circuit Court judge in Monroe County (in the Florida Keys) declared that Florida’s ban on same sex marriage is unconstitutional. Though that ruling was stayed (not put into effect) pending appeal, a Miami-Dade judge made a similar ruling this past week, which was also stayed.

A few days before the Miami ruling came out, I was interviewed by Elaine Silvestrini of the Tampa Tribune about my Tampa same sex divorce case now under appeal in the Second District Court of Appeals and how the Florida Keys ruling may or may not affect the divorce case. Below are some excerpts of the Tampa Tribune article:

Although the decision [to permit same sex marriages] has no force of law in the rest of the state, lawyers [in the same sex divorce case] say it may help their case for divorce equality.

“It’s not authoritative, but it provides a little bit more persuasion,” said Adam Cordover, who represents [one of the divorcing spouses]. “It shows that yet another court has ruled in favor of marriage equality. The currents of history are in favor of marriage and divorce equality.”

Read more →

Radio Interview: Collaborative Divorce and Christian Values

July 20, 2014/0 Comments/in Collaborative Divorce //Tags: Christian values, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, different faiths, dissolution of marriage, divorce, family values, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

Collaborative attorney Joryn Jenkins and I recently appeared on Spirit FM 90.5’s Legally Speaking to talk about Collaborative Divorce. Spirit FM is a Christian radio network that broadcasts out of Christ the King Church in the heart of Tampa, Florida.

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As I mentioned during the interview, we do not advocate divorce: anyone with marital troubles should consult with their priest, pastor, rabbi, marital therapist, or other clergy or professional and do all that they can to repair their relationship, especially if there are children involved. No matter what process is chosen, divorce is a painful ordeal, and the spouses are not the only ones affected.

However, there are times when a marriage is truly irretrievably broken. It is in those cases that we urge parties to consider collaborative divorce, which is a private, respectful family law process that helps spouses dissolve their marriage while keeping their dignity intact. This is in stark contrast to traditional divorce, where the adversarial court system pits husband versus wife, mother versus father, ultimately to be judged by a stranger appointed or elected to a government position.

“Next Generation Divorce” Takes On A New Meaning At St. Pete Pride

July 6, 2014/0 Comments/in Collaborative Divorce, LGBT Family Law Matters //Tags: alimony, bisexual parental rights, child custody, child support, collaborative attorney, collaborative divorce, dissolution of marriage, divorce, equitable distribution, gay parental rights, lesbian parental rights, LGBT custody rights, LGBT family law, same sex divorce, same-sex parentsby Adam B. Cordover, Attorney-at-Law

Last Sunday, I met a lot of people who had a lot of questions regarding their parental and family law rights. My law firm sponsored a booth at the St. Pete Pride festival in St. Petersburg, Florida, where I discussed topics such as adoptions, name changes, and LGBT child custody rights. I also had the chance to talk about collaborative family law, a private form of dispute resolution which I have used to help same sex partners amicably separate.

At the pride festival, I was wearing a metal name tag that I received from my collaborative family law practice group, Next Generation Divorce. Next Generation Divorce is comprised of over 100 caring attorneys, mental health professionals, and financial professionals dedicated to helping parents and divorcing spouses handle difficult issues amicably and with their dignity intact. I happen to be Next Generation Divorce’s current president and, needless to say, I strongly support the organization’s drive to help folks resolve disputes respectfully through the collaborative process.

What Your Florida Divorce Lawyer May Not Be Telling You

June 22, 2014/0 Comments/in Collaborative Divorce, Divorce, Divorce Court //Tags: child custody, child custody case, child support, co-parenting, collaborative attorney, collaborative divorce, collaborative divorce training, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, contested divorce, divorce, Florida child custody, florida divorce, Hillsborough County, International Academy of Collaborative Professionals, Manatee County, Next Generation Divorce, no fault divorce, parenting plan, Pasco County, Pinellas County, Sarasota County, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

The vast majority of divorce attorneys in Tampa Bay and around Florida are good, hardworking people with their clients’ best interests always at mind. However, there is one divorce option that more and more financial and mental health professionals agree is the best way to handle a family law matter, and yet many attorneys will not tell their clients about it: collaborative divorce.

Collaborative divorce is a private form of dispute resolution where each spouse hires their own attorney only for the purposes of helping to negotiate a marital settlement agreement. Collaborative attorneys are contractually prohibited from going to trial or bringing any contested issues to be decided by a judge.

Trial Divorce = Big $$ for Attorneys

This is one reason why there are a lot of divorce trial lawyers who are against collaborative divorce: attorneys make a lot of money billing time for trial-related activities such as depositions, interrogatories, witness preparation, exhibit analysis and selection, and trial itself. Trial attorneys bill this time even though they know that 95% of all divorce cases end in settlement, even sometimes after trial but right before a judge issues a ruling. Read more →

Sample Florida Child Custody Schedules

June 15, 2014/0 Comments/in Collaborative Divorce, Kids, See Kids //Tags: 12th Judicial Circuit, child custody, child custody case, co-parenting, collaborative family law, divorce, Florida child custody, Hillsborough County, Manatee County, parenting plan, Pasco County, paternity, Pinellas County, Sarasota County, Tampa, Tampa Bay Collaborative Family Law, temporary child custody, time-sharing, time-sharing scheduleby Adam B. Cordover, Attorney-at-Law

In each Florida family law case (such as divorce or paternity) that involves the custody of a child, Florida law requires that a parenting plan be established. One of the most important elements of a parenting plan is the child custody schedule, now known as a “time-sharing” schedule.

Family Law Tip: You should never let a judge decide your child’s time-sharing schedule. A judge does not know your family dynamics and bases such decisions on very limited information, and usually the judge is seeing parents, especially divorcing parents, at the worst time in their lives. Instead, you and your co-parent should use a private form of dispute resolution, such as collaborative family law.

As I tell clients who come to my Tampa office, there are many different types of time-sharing schedules. Below are some samples provided by the 12th Judicial Circuit (which includes Sarasota and Manatee Counties). The parent who is listed in a box is the one whom the child will be staying with overnight: