Collaborative Divorce : Family Diplomacy | A Collaborative Law Firm

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 Bay Times Article on 2015 Florida Collaborative Divorce Bill

April 5, 2015/0 Comments/in Collaborative Divorce, Family Law News, Legislative Update //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, dissolution of marriage, divorce, florida divorce, International Academy of Collaborative Professionals, Next Generation Divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

The Tampa Bay Times recently published an article on collaborative divorce. The article quotes four local collaborative professionals (attorneys Ingrid Hooglander, Tanya O’Conner, and Mark Moon, and psychologist Rachel Moskowitz), all of whom are members of Next Generation Divorce, an interdisciplinary group of professionals dedicated to educating the public about a healthier way to resolve their family disputes.

The article also interviews State Senator Tom Lee of Brandon, who is the sponsor of Senate Bill 642, the Collaborative Law Practice Act. Though collaborative law is already being practiced as a private way to resolve divorces and other family law issues in Tampa Bay and throughout Florida, the bill provides a legal framework for the process and adds protections to the privacy of communications during settlement talks.

Below is an excerpt:

Podcast: Mindful Co-Parenting Parts 1 & 2

March 15, 2015/0 Comments/in Collaborative Divorce /by Adam B. Cordover, Attorney-at-Law

Tampa Bay Psychologists Jeremy Gaies and James Morris were recently on the Divorce Without Destruction Podcast to discuss their book, Mindful Co-Parenting. The also discussed the interdisciplinary collaborative family law process.

Mindful Co-Parenting is an instructive, supportive, and easy to read book for parents who are going through divorce (or for parents who were never married but are coming up with a parenting plan/custody schedule for their children). You can find both Part 1 and Part 2 of the podcast, hosted by Dr. Garin Vick, below (Part 2 is after the jump):

https://soundcloud.com/divorcewithoutdestruction/dr-jeremy-gaies-and-dr-jim-morris-mindful-co-parenting-1-of-2

Freezing High Conflict Divorce Litigation for the Collaborative Process

March 1, 2015/1 Comment/in Collaborative Divorce, Divorce, Divorce Process //Tags: alimony, child custody, child support, collaborative attorney, collaborative divorce, collaborative divorce training, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, high conflict divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

I strongly suggest that any person who is in the initial stages of a Florida divorce consider engaging in the collaborative process from the very beginning. This simply means that each spouses hires an attorney solely for the purpose of helping them reach a divorce agreement.

The attorneys are contractually prohibited from wasting time and money on preparing for trial (90% or so of all divorce cases settle, yet millions and millions of dollars are spent each year preparing for a trial that rarely happens). Discussions are held in a private, respectful, and transparent atmosphere, and other professionals are brought in as needed to tend to the parties’ financial and emotional needs.

But some clients are resistant to the collaborative process because of perceived cost issues or they feel they need to have a gunslinger to take out their spouse. And many attorneys will not engage in the collaborative process because litigation work is pretty profitable or they have not invested the time and money in taking an introductory collaborative training.

And so there are plenty of divorce battles going on in the Florida court system. It is not uncommon for those battles to go on for two, three, four, or more years, and for the parties to spend hundreds of thousands of dollars in attorneys’ fees, expert witness fees, deposition fees, document production fees, forensic evaluation fees, court reporter fees, and so on, and feel no closer to a final resolution of their divorce.

But there is something that can be done to change the dynamics.

What is the Purpose of Florida Family Law?

February 9, 2015/1 Comment/in Collaborative Divorce, Florida Statutes //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, florida divorce, Florida Statutes, paternityby Adam B. Cordover, Attorney-at-Law

Anyone who has gone through a divorce, paternity, or other family law proceeding in Hillsborough County or elsewhere in Florida may have wondered: What is the purpose of Florida Family Law?

Well, section 61.001(2) purports to have an answer:

Can I Now Divorce My Same-Sex Spouse in Florida?

January 6, 2015/1 Comment/in Case Law Update, Collaborative Divorce, Family Law News //Tags: collaborative divorce, Defense of Marriage Act, dissolution of marriage, divorce, DOMA, gay and lesbian couples, gay and lesbian parents, gay marriage, gay marriage ban, gay rights, lesbian parental rights, lesbian rights, LGBT family law, LGBT family law rights, same sex couples, same sex divorce, same sex marriage, same-sex parentsby Adam B. Cordover, Attorney-at-Law

Last week, Federal Judge Robert L. Hinkle clarified his ruling in Brenner v. Scott to state, definitively, that the U.S. Constitution requires Florida clerks of court to issue marriage licenses to same-sex couples. This has brought great jubilation that marriage equality is finally recognized in Florida. Clerks throughout the state (including in my own Hillsborough County) have begun issuing marriage licenses, and some even have officiated over marriages.

Hillsborough County Clerk of the Court Pat Frank Officiates Over a Mass Same-Sex Wedding

However, is same-sex marriage yet completely equal in Florida? Is it recognized for all purposes in Florida, including for purposes of dissolving that marriage?

Podcast: Carrollwood Mental Health Counselor Discusses Collaborative Divorce

December 31, 2014/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, Collaborative Law, collaborative mental health professional, collaborative practice, dissolution of marriage, divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

In the latest Divorce Without Destruction, host Garin Vick speaks with Linda Peterman, a Licensed Mental Health Counselor and Certified Rehabilitation Counselor. Linda discusses her views on collaborative divorce as practiced in Carrollwood and the greater Tampa Bay area:

[soundcloud url=”https://api.soundcloud.com/tracks/179985265″]

I happen to know Linda, as she has served as a Neutral Collaborative Facilitator in a collaborative case involving a client of mine. She and I also serve on the Executive Board of Next Generation Divorce, Florida’s largest collaborative practice group.

A Former Judge’s Take on the Family Court System

December 26, 2014/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative child specialist, 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

As a Florida family law attorney, I tell clients all the time that – for the sake of their children, finances, and sanity – it is best if divorcing spouses are able to reach an agreement on their own, without leaving important decisions that will affect the rest of their lives up to a judge. I have found that interdisciplinary collaborative practice is the best way for families to reach a resolution, though other options (such as mediation and direct negotiations) are also almost always better than the court system.

Sue Cochrane, who served as a family law judge in Minnesota, also believes that the current family court system is broken. Below are excerpts of an article she penned for The Collaborative Review (Winter 2014 / Volume 15, Issue 1):

After eighteen years on the family bench I am sensitive to the needs of the thousands who still show up [to court] due to lack of funds or awareness of other options. Having Collaborative practitioners and others from diverse disciplines working side-by side with those of us from the courts was, in my opinion, a monumental advancement.

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The law is well-known for being logical and dispassionate. Courts are where intellect and linear, analytic thinking prevails. In the admirable pursuit of truth and justice, the courts can inadvertently deny the humanity of the people it is supposed to serve and even of the judges and staff who work there.

Read more →

Advanced Training: Get More Collaborative Cases!

November 22, 2014/0 Comments/in Collaborative Divorce //Tags: collaborative divorce, collaborative divorce trainingby Adam B. Cordover, Attorney-at-Law

Are you an attorney, mental health professional, financial professional, or mediator who wants to build a profitable and satisfying collaborative practice? Do you want more collaborative cases? Next Generation Divorce has a training geared to you:

Woody Mosten is Coming to Tampa February 27-28, 2015. Click Here To Learn More

Forrest “Woody” Mosten has an international reputation for high quality Mediation and Collaborative training from introductory courses to advanced supervision for highly experienced peacemakers. He maintains an intense focus on cutting edge issues in law and the craft of conflict resolution skill building, and enjoys helping other professionals build their own profitable practices.

Woody Mosten’s Training is an Approved Continuing Education Provider by the California State Bar CLE & Family Law Specialization, the California Psychological Association Accrediting Agency, and the California Board of Behavioral Sciences. Most courses are approved by the Association for Conflict Resolution and may qualify for credit by other agencies and organizations throughout the world.

Podcast: Comparing Collaborative Divorce and Mediation

November 15, 2014/0 Comments/in Collaborative Divorce, Divorce, Divorce Work //Tags: alternative dispute resolution, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, International Academy of Collaborative Professionals, mediation, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

I recently had the opportunity to sit down with Dr. Garin Vick in Tampa, Florida, where we recorded an interview for his podcast show, Divorce without Destruction. We discussed the similarities and differences between collaborative divorce and mediation.

We talked about how both are forms of private dispute resolution that are better than duking it out in court. We also discussed how the structure and the process of collaborative divorce and mediation differ, and what it means for families going through or considering divorce.

Florida Collaborative Divorce: A Flowchart

November 8, 2014/1 Comment/in Collaborative Divorce //Tags: business valuation, child custody, child support, co-parenting, collaborative attorney, collaborative child specialist, collaborative divorce, collaborative divorce training, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, equitable distribution, International Academy of Collaborative Professionals, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

Many people come to my Tampa office because they heard collaborative divorce is private, respectful, conducive to co-parenting, and usually quicker than the traditional courtroom divorce. But they do not quite understand logistically how the collaborative process works.

The first thing to understand is that each party is represented by his or her own attorney whose sole purpose is to help the parties reach a settlement. The attorneys are contractually barred from engaging in costly, damaging contested court battles. If parties want to fight one another in the court system, they must choose different litigation attorneys.

A neutral facilitator, who usually is licensed in a mental health profession, is involved in most collaborative cases. The facilitator not only helps the parties (and attorneys) focus on the future rather than rehash the arguments of the past, but he or she also teaches the parties communication and dispute resolution techniques that will help them and their families long after the divorce is finalized.

A neutral financial professional is also oftentimes used to efficiently ensure financial transparency between the parties, to develop personally-tailored options for support and the division of assets and debts, and to help the clients budget to give them the best chance for financial security once their divorce is finalized.

Some folks are visual learners, and so my firm has created a flowchart that shows how a collaborative case might proceed. Please understand that, depending on the facts of your case and the needs of your family, your collaborative divorce process may be customized differently: