When most people think of divorce, they think of a courthouse battle. Florida’s court system pits husband versus wife, mother versus father, and what ensues is many times not too different from divorces depicted in War of the Roses or Kramer vs. Kramer.
But collaborative divorce is something different altogether.
Forrest “Woody” Mosten, an internationally renowned collaborative professional and mediator and author of the Collaborative Divorce Handbook, The Complete Guide to Mediation, and Unbundling Legal Services, was recently in Tampa to put on a workshop sponsored by Next Generation Divorce.
During a lunch break at the workshop, Woody spoke with Dr. Garin Vick for his podcast show, Divorce Without Destruction. Woody and Garin discussed how attorneys, mental health professionals, and financial professionals could build a full-time peacemaking practice. Again, this was recorded during a lunch break of a two-day conference, so the audio is not the greatest, but Woody offers great advice for divorce professionals who want to help their clients via collaborative practice and other non-litigation methods.
This podcast may be of interest not only to professionals, but also to divorcing spouses to get a glimpse of the passion that collaborative professionals tend to have for helping their clients:
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:
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.
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:
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:
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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.
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.
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.
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:
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:
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