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.

Research: Collaborative Divorce By The Numbers (2010)

A few years ago, the International Academy of Collaborative Professionals released the results of a survey of 933 collaborative divorce and family law cases.  Collaborative divorce is a process by which parties, instead of going to court to litigate, agree to a private framework that lends itself to developing more creative options for financial, child custody, and other family issues.  In Florida, oftentimes a neutral facilitator/communication coach and a neutral financial professional are engaged to facilitate and lend their expertise to the process.

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The survey was conducted from October  2006 through July 2010, and these results were compiled in the Spring 2012 edition of The Collaborative Review: The Journal of the International Academy of Collaborative Professionals (“IACP Research Regarding Collaborative Practice (Basic Findings)” by Linda Wray, J.D.):

  • 58% of husbands and 59% of wives were between 40 and 54 years old;
  • Over three-quarters of all clients had a 4-year college education or higher;

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Polyamorous “Divorce” in Tampa Bay

More and more people in the Tampa Bay area and beyond are finding themselves in relationships that do not quite fit the traditional mold.  Many are in long-term romantic relationships with more than one partner, where the other partners are also in romantic relationships with each other.

These relationships are oftentimes referred to as “polyamorous,” or love involving more than 2 people.  Polyamory is not about sex, just as traditional marriage is not about sex, but about the relationship between the partners.

And just as many traditional marriages end in separation, polyamorous relationships can also end in separation.  The problem is that the laws and the court system are not built with polyamorists in mind.

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Video: Collaborative Law – Managing Disputes Differently

The Association Romande de Droit Collaboratif (the Association of the French speaking part of Switzerland on Collaborative Law), has put together a fantastic whiteboard video that explains in simple terms collaborative law.  The video is sponsored by Esprit d’entente and has been translated by collaborative guru Pauline Tesler.  You can find the video below the jump.

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Client Testimonial: Collaborative Divorce

Family Diplomacy recently received a client testimonial on a case in which the parties used the collaborative divorce process.  FLORIDA BAR DISCLAIMER: Please note that every case is different, and you may not receive the same or similar results.

You can find the client testimonial, originally entered on Avvo.com, below the jump.

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Video: What is Collaborative Divorce? by Cypress Collaborative

Collaborative divorce starts out with a pledge by both spouses: We will not fight one another in court. Each spouse hires his and her own attorney, and the two attorneys and two clients sign a participation agreement formalizing the pledge not to fight one another. The attorneys are then barred from filing any contested legal pleadings or appearing in any contested hearings on behalf of the clients.

In the most common collaborative divorce model that we use in Tampa Bay, a neutral facilitator, who generally has a mental health background, is retained to help the clients focus on the future and the issues (such as parenting) that are most important to them rather than the arguments of the past. Additionally, a financial professional is retained to cost-effectively ensure that each has retained sufficient financial disclosure (i.e., trust but verify) and to help them development financial options that are tailored to their family.

Cypress collaborative, a group of experienced collaborative professionals in Washington State, have put together a fantastic video that further explains the collaborative process. You can see the video after the jump.

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Cordover Published in Lawyer Magazine on Simplified Collaborative Divorce Protocols

The Lawyer Magazine has published an article co-authored by collaborative attorneys Adam B. Cordover and Jeremy Gluckman on “A Simplifed Protocol for Collaborative Dissolution.”  The article is on page 22 of the Summer 2015 edition of the Lawyer Magazine, which is published and distributed by the Hillsborough County Bar Association.

The article is reproduced below:

One objection that most professionals have heard regarding the collaborative process is that it is too expensive and complicated. Though there are many arguments against this objection, in some cases it is valid. If there are relatively few assets and debts and clients are in general agreement regarding their children, a simplified process may be in order.

What follows is a step-by-step guide to simplify the use of a full team in a collaborative dissolution. This process has been successfully tested in Tampa. It requires more preparation from the professionals and clients than other versions of the full team model; however, it can promote two important goals: (i) speed up the process and (ii) reduce costs to the clients.

Below are simplified protocols for our full team model:

(1) A party meets with a collaboratively trained lawyer where the pros and cons of all processes, including litigation, mediation, and collaborative divorce, are explained.

(2) The attorney provides the party with names of at least three other collaboratively trained lawyers (and perhaps access to membership lists of local collaborative practice groups), who then provides those names to his/her spouse along with materials about the collaborative process. Read more

Podcast: Linda Solomon Discusses September St. Petersburg Collaborative Training

Recently, Linda Solomon, a Licensed Professional Counselor, appeared on the Divorce Without Destruction podcast to talk about the unique introductory collaborative training that she and the Lone Star Trainers are putting together for both civil law and family law professionals.  The training will take place September 11-12, 2015, at the beautiful St. Petersburg Yacht club in St. Petersburg, Florida.

Attorneys, mental health professionals, financial professionals, and mediators can learn more and sign up here.

For those who don’t know, Linda Solomon is one of the founders of the Neutral Facilitator model of collaborative practice that is most commonly used here in Florida.

You can listen to the podcast after the jump.

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International Academy of Collaborative Professionals Educational Forum

I am president of Next Generation Divorce, a 501(c)(3) non-profit organization and Florida’s largest collaborative practice group.  Next Generation Divorce is composed of over 130 members who are attorneys, mental health professionals, and financial professionals dedicated to helping families resolve divorce and family law issues privately and respectfully, through the collaborative process.  Next Generation Divorce’s practitioners cover the Greater Tampa Bay area, with offices in Hillsborough, Pinellas, Pasco, Sarasota, and Manatee Counties.

Forumhighlights WebMembers of Next Generation Divorce are also required to register with an umbrella organization, the International Academy of Collaborative Professionals (“IACP”).  The IACP has over 5,000 members of various disciplines working in at least 27 different countries.  And, every year, the IACP puts together a massive conference, the Forum, which helps collaborative professionals refine their skills and learn advance topics in collaborative practice.

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T. Boone Pickens: Collaborative Divorce Saved Me Big $$

Though Donald Trump is getting all of the press these days, it was not too long ago that another divorced billionaire was in the headlines.  T. Boone Pickens, the oil magnate and proponent of windfarms and use of natural gas vehicles, also happens to have used the collaborative divorce process to separate from his former spouse.  And, according to Pickens, collaborative divorce saved him millions.

From the Dallas Business Journal:

Billionaire T. Boone Pickens is clearly a man who knows a good deal when he sees one.

That’s why he used a collaborative divorce approach in his recent parting of ways from his fourth wife, Madeleine.

Pickens told a room full of lawyers about his experience Friday during a lunchtime panel in Dallas.

The State Bar of Texas didn’t let me into the room for his talk, saying it was a paid, private event, but I was able to grab a couple of comments from Pickens on the way out of the Hotel Palomar.

The collaborative approach saves both money and emotional wear and tear on families, the energy tycoon told me.

“Collaborative law keeps everything on a high level, and everybody cooperating,” Pickens said.

I asked him how much the collaborative approach saved him? Read more

Tampa Divorce Lawyer Rejects Court System

The court system publicly pits husband versus wife, mother versus father.  Collaborative lawyer Adam B. Cordover declares that he will no longer take part.

Tampa, Florida, August 7, 2015:  When a person steps into a courthouse to file for divorce, he or she is entering an adversarial system pitting spouse versus spouse.  Tampa attorney Adam B. Cordover has seen families publicly tear themselves apart in the court system, and he has decided to do something about it.  Cordover will now practice exclusively in out-of-court dispute resolution, with a focus on collaborative divorce, mediation, direct negotiations, and unbundled legal services.

And on July 31, 2015, the fifth anniversary of the establishment of The Law Firm of Adam B. Cordover, P.A., Cordover has changed his firm’s name to reflect this new focus.  His firm is now “Family Diplomacy:  A Collaborative Law Firm.”

“We have wonderful and caring judges, but they are limited in a system that turns parents into ‘opposing parties’ and attorneys into opposition research experts,” says Cordover, who will no longer appear in contested court hearings.  “There are better, private methods, such as collaborative divorce, to help families resolve their differences and still maintain a relationship and their dignity once the divorce is finalized.”

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