General information on dissolution of marriage

Child Support in Florida

Child support in Florida is the financial obligation aimed to provide a fair and consistent means of sharing the costs of raising a child between separated parents. There’s a Collaborative Law process that offers an alternative way to address child support matters. This approach emphasizes cooperation, open communication, and prioritizing your child’s well-being. In this post, we’ll take you through the fundamentals of child support in Florida and the benefits of pursuing child support solutions through the Collaborative Process.

CALCULATING CHILD SUPPORT

In Florida, you’ll find child support guidelines laid out in Florida Statutes §61.30. You’ll notice that the calculation takes into account key factors like your income and your partner’s income, the number of children involved, and the time each of you spends with them. It’s essential to understand that the state utilizes a specific formula incorporating these elements to calculate the exact amount of child support owed.  Though you may deviate from these calculations under certain circumstances, the child support guidelines determine the default amount you can expect to pay or be paid.

CONSIDERING YOUR INCOMES

Remember, both your incomes play a pivotal role in calculating child support. It’s worth noting that not all types of income are straightforward (for example, income from a private business). Additionally, it’s important to keep in mind that if either of you is voluntarily unemployed or not fully utilizing your earning capacity, income may be attributed to you based on your potential earning capacity.

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Can I Get A Discount For Virtual Divorce Legal Services?

If you are facing divorce and have done your research, you probably realize how expensive divorce can be.  Not only are you charged for your attorney’s time spent engaging in the actual legal work, but it is also common practice for you to be charged for travel time to go to hearings, mediation sessions, or Collaborative Divorce meetings at the lawyer’s regular hourly rate.  Further, firms that practice mainly in person incur additional expenses including leasing larger office space, renting additional equipment, and purchasing additional office snacks, drinks, and supplies.  And, of course, those expenses get passed on to you, the client.

But what if you were comfortable working with your lawyer through Zoom, telephone calls, e-mails, and other virtual means, and you did not feel the need to meet in person?  Since it ends up costing less for the law firm, shouldn’t you get a discount for virtual divorce legal services?

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How to Smartly Negotiate Your Divorce

Divorce is undoubtedly one of life’s most challenging experiences, requiring emotional resilience and practical decision-making. When navigating the complex terrain of divorce negotiations, a strategic and smart approach can make all the difference. In this blog post, we’ll explore three key principles to help you smartly negotiate your divorce and pave the way for a more amicable and satisfactory resolution.

Focus on the Big Things, Not the Small Things

It’s easy to get caught up in the minutiae of divorce proceedings, arguing over every detail from who gets the newly purchased air fryer to who keeps the television. However, a smart negotiator knows the importance of focusing on the big picture. Prioritize the key issues that will significantly impact your post-divorce life, and don’t sweat the small stuff.

Consider the division of larger assets, child support, alimony, and child custody as primary areas of focus. By concentrating on these critical aspects, you’ll streamline the negotiation process and avoid unnecessary emotional turmoil over trivial matters. Remember that keeping your eye on the big picture is key, and being willing to let go of smaller items can lead to a more expedient and less emotionally taxing divorce.

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LGBTQ+ Friendly Family Law Firm in Florida

If you are a member of the LGBTQ+ community in Florida, you might have found yourself wondering about the best path forward when it comes to family law matters. We get it—navigating the legal landscape can be confusing and overwhelming, and now is not the time for a lawyer to judge you or your family. But fear not! At Family Diplomacy, we’ve got your back. Our mission is to provide you with an open, friendly, and supportive environment as we work together to tailor LGBTQ+ Family Law solutions that perfectly suit your unique needs.  And we help families throughout the State of Florida.

Crafting Harmony through Collaborative Family Law

Picture this: you’ve got personal family matters to resolve, but you’re dreading the thought of entering a public adversarial court system. Guess what? You don’t have to go that route. Family Diplomacy recommends a much more peaceful alternative for Florida and Tampa Bay LGBTQ+ spouses and partners: Collaborative Family Law.

Here’s the scoop: in this process, attorneys are on board solely to help you reach private resolutions. We’re actually barred from fighting before a judge. Plus, there’s a facilitator—usually a trained mental health professional—who’s there to keep everyone focused on what’s best for the family, including any children involved. This person ensures that communication remains respectful and productive. And since financial matters can be complex, especially for LGBTQ+ relationships, a financial professional might step in to guide you through the intricacies of assets and debts.

Meet the Collaborative Guru: Adam B. Cordover

Let us introduce you to an intellectual leader in collaborative practice—Adam B. Cordover. He’s not just any lawyer; he’s an internationally-recognized leader and trainer in collaborative practice. He’s even presented on the use of collaborative practice for LGBTQ+ family law matters to professional and civic groups around the U.S., Canada, France, and Israel, and across Florida including in Tampa, Sarasota, and Orlando, Jacksonville, Boca Raton, and beyond. Adam is also co-author of an American Bar Association book on collaborative family law, a member of the Board of the International Academy of Collaborative Professionals, and recipient of the inaugural Visionary Award from the Florida Academy of Collaborative Professionals. You’re in good hands!

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Short Video: Can A Divorce Be Collaborative?

We at Family Diplomacy are a Collaborative Law Firm serving clients virtually throughout Florida and with offices in Tampa, Saint Petersburg, and Sarasota.  We get asked all of the time whether a divorce can even be Collaborative.  This short video (about 3 minutes in length) attempts to answer that question.

You can find a transcript of the video below:

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Florida Alimony Reform 2023

Florida Alimony Reform 2023: What is is and what does it mean?

INTRODUCTION ON FLORIDA ALIMONY REFORM 2023

Florida alimony reform is here.  Our legislature passed, and the governor signed, a transformative overhaul to §61.08, Florida Statutes, commonly referred to as the Alimony Statute.  As of July 1, 2023, Florida has virtually eliminated new awards of permanent alimony, codified temporary alimony, and implemented limits to the length and amount of alimony a court could order.  The Alimony Statute now only refers to the following types of alimony (also known as spousal support or spousal maintenance): Temporary, Bridge-the-Gap, Rehabilitative, and Durational, each of which can be paid over time or in a lump sum. In this blog post, we explore each and highlight some of the recent significant changes.

Keep in mind that, though this is now the default law and limits what courts can order, spouses can always agree to do things differently through a private process such as Collaborative Divorce or mediation.

NEED AND ABILITY TO PAY

Before alimony can be awarded, a court must first determine whether one spouse has an actual financial need, and whether the other spouse has the ability to pay and meet that need. The burden is on the party requesting alimony to show both their need and the other party’s ability to pay.  Though determining need and ability to pay may seem straight forward, the issue becomes a lot murkier when one of the spouses has inconsistent income because they are a small business owner, executive with a unique compensation package, or a seasonal worker.

Additionally, though seemingly obvious, many people seeking alimony do not realize that the household income that once supported one home may now have to stretch and support two, and there may or may not be sufficient funds to cover both. It is with this in mind that the new statute considers an additional factor in analyzing need and ability to pay: the anticipated financial needs and necessities of life for each party after the divorce is over.

LENGTH OF MARRIAGE

There are many factors a court may take into consideration when determining an alimony award. However, one of the major changes is how the court measures the length of the marriage. Now, the Alimony Statute defines a short-term marriage as one that last less than 10 years, a moderate length marriage as 10 to 20 years, and a long-term marriage as exceeding 20 years. Traditionally, the length of marriage is measured from the date of marriage until the date of filing for divorce or another date as agreed upon by the spouses.  In a Collaborative Process, where many cases do not get filed until after a full resolution is reached, we tend to use a date listed in a Collaborative Participation Agreement in place of the date of filing.

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Divorce: Is Bitcoin a Marital Asset?

Bitcoin has sure been in the news a lot lately.  The cryptocurrency, though volatile, has traded at over $50,000 in recent weeks.  Billionaires have publicized opposing views about Bitcoin, with Bill Gates warning investors to stay away while Elon Musk has sung its praise.  Regardless, more people seem to be getting on the Bitcoin bandwagon, and thus it is popping up more and more in divorce matters.

In fact, you may be wondering: Is Bitcoin a marital asset for purposes of divorce?

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What Is Simplified Dissolution of Marriage?

Are you a spouse in Florida who is simply looking for a divorce?  Do you not have any minor children in common with your spouse?  Do you both agree that there are no alimony or child support issues to deal with?  Are all of your marital assets and debts already divided?

If so, you may be eligible for Florida’s Simplified Dissolution of Marriage.

Basics of Simplified Dissolution of Marriage

Simplified Dissolution of Marriage is meant to be a quick and easy way to divorce.  It is authorized by Rule 12.105 of the Florida Family Law Rules of Procedure.  Most people going through divorce do not qualify for a Simplified Dissolution of Marriage.  If you and your spouse meet the following criteria, then you may qualify:

  • You and your spouse do not have any minor or dependent children in common;
  • Neither your nor your spouse are pregnant;
  • Either you or your spouse has resided in Florida for at least six months prior to filing for divorce (only one spouse is required to have been a resident of Florida);
  • Both of you agree that your marriage is irretrievably broken and cannot be fixed (by, for example, having the judge order you to attend marital counseling);
  • Neither you nor your spouse are seeking alimony;
  • By agreement, you have already divided all assets and debts, or you agree that there are no assets and debts to divide;
  • Both you and your spouse are willing to waive your right to trial and appeal; and
  • Both you and your spouse are willing and able to appear together at the final hearing.

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Sarasota/Manatee Courts Issue COVID-19 Parenting Procedures

Twelfth Circuit Chief Judge Kimberly C. Bonner last week signed an Administrative Order on Parenting Procedures in the Family Division During COVID-19 Pandemic.  The Administrative Order covers divorce and parenting/custody matters in Sarasota, Manatee, and DeSoto Counties.

In essence, the Administrative Order directs parents to follow any parenting plan that has been established and cooperate in making alternate arrangements if exchanges were to take place at now-closed schools or daycare.  If a parenting plan has not yet been established, the Order directs parents to permit and facilitate access of children to the other parent. The Administrative Order reads, in part, as follows:

WHEREAS, the World Health Organization has declared the Coronavirus Disease 2019 (COVID-19) a pandemic, the Governor of Florida has declared a state of emergency exists, and the Surgeon General and State Health Officer have declared a public health emergency exists, and the Florida State Courts must take steps to mitigate the effects of COVID-19 on legal proceedings and participants in those legal proceedings; and

WHEREAS, since March 17,2020, the Florida Supreme Court has issued various Emergency Administrative Orders found at https://www.floridasupremecourt.org/Emergency , which include ordering the cancellation or postponement of all non-essential in-person hearings, and this court entered Administrative Order 2020-4.2, setting forth COVID-19 Emergency Procedures and Mission Essential Functions; and

WHEREAS, on April 1, 2020, Florida Governor Ron DeSantis entered Executive Order 20-91, referred to as a “Safer at Home” order, which orders all persons in Florida to limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities; and

WHEREAS, it is necessary to reduce the number of “emergency” filings and hearings in family division cases until non-essential in-person hearings resume; and

WHEREAS, it is in the best interests of the parties and child(ren) that parents continue to perform their duties and responsibilities of co-parenting, share the additional responsibilities of parenting through this time, and that the parties comply with all existing court orders and court rules; and

NOW THEREFORE, pursuant to the authority vested in me as Chief Judge of the Twelfth Judicial Circuit of Florida, under Rule 2.215 of the Florida Rules of Judicial Administration, it is hereby ORDERED:

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Lawyer Review: Collaborative Divorce Success Story

We strive to meet our clients’ needs during difficult times, and we are especially appreciative when clients share how we were able to help them.  A client recently left a glowing review for Collaborative Divorce services that we provided.  The review was left on Avvo.com.

Please note that every family’s situation is different, and we cannot promise the same or similar results for your family.

Collaborative Divorce Success Story

I highly recommend Adam Cordover. I had not heard of a collaborative divorce before my therapist recommended I speak with Adam. When I first met with him, he was warm and shared excellent information. I never felt pressured to do anything. I was seeking a divorce after a LONG marriage. There were bumps in the road but with the assistance of Adam and the team he assisted us put together, my former spouse and I were able to conclude a collaborative divorce and remain friends. The team approach allowed my ex-husband and I to turn what could have been a disaster into a continued mutual friendship. From start to finish, approximately 6 months, Adam and Jennifer were there for me every step of the way.

(emphasis added)

-Anonymous

Five Stars

If you are looking for a more peaceful way to go through divorce, we are here to help.


Adam B. Cordover is a leading Collaborative Divorce Lawyer in Tampa Bay who helps clients throughout the State of Florida.  He is an American Bar Association published author and member of the Board of the International Academy of Collaborative Professionals.  Adam has taught lawyers, mental health professionals, financial professionals, and mediators throughout the United States, Canada, France, and Israel how to offer Collaborative services.