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Collaborative Divorce Consultation: I Will Meet With Both Spouses

When prospective divorce clients call in my Tampa office and ask whether both spouses can attend a consultation, they are often relieved to learn that I am willing to meet with both spouses.  I did not always have this policy.  In fact, most Florida divorce attorneys refuse to allow both parties to attend a consultation together.

There is a strict prohibition against an attorney representing both parties to a divorce, and most lawyers want to avoid even the appearance of representing both spouses.

And I, like other attorneys, cannot represent both spouses.  But what I can do is invite divorcing spouses into my office and discuss with them the available process options.  Of course, I will talk with them about traditional litigation, which is the court battle that often comes to mind when people think about divorce.  I will bring up mediation, which is a great form of alternative dispute resolution that allows parties to come to an agreement, but which leaves open the door for their mediation attorneys to engage in detrimental litigation if a full settlement is not reached.

And I will talk about collaborative divorce, which is a voluntary, private process in which the parties and their attorneys agree from the very beginning that they do not want to engage in nasty, public court fights.  In fact, the spouses, who each will have their own individual attorney, sign a participation agreement that states that their attorneys must withdraw if the parties cannot come to an agreement.  Collaborative divorce has a success rate of nearly 90%, so this withdrawal clause hardly ever comes into play, but it allows clients to be open in negotiations without worrying that their spouse’s attorney is keeping an ear open for opposition research to use in trial later on.

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Collaborative Divorce Comes To Sarasota & Manatee Counties

From Brian Pope, MBA, CDFA, and Cindy Barry, Esq.:

I am extremely pleased to announce that there is a new group in town!  The “Next Generation Divorce” group for the Twelfth Judicial Circuit has been formed as an expansion of “Next Generation Divorce” of Tampa Bay.

Next Generation Divorce

As the President of the Twelfth Judicial branch of the Next Generation Divorce group (Cindy Barry, not me), it is my sincere pleasure to extend an invitation to the bench and Bar of the Twelfth Judicial Circuit to attend a free presentation on collaborative law on February 6, 2014, from 4:30 p.m. to 6:30 p.m.  in the Palm Room at the Sarabay Country Club located at 7011 Willow Street, Sarasota, Florida, 34243.  There will be a variety of complimentary Hors d’Ouerves and a cash bar available for libations.

Our guest speaker is the President of the Tampa Bay area “Next Generation Divorce”, Mr. Adam Cordover, Esq.   He will be sharing the successes of the collaborative law practices in the greater Tampa Bay area and answering questions on how to incorporate collaborative law into your practice.   Of course, there will be a social hour immediately following the presentation.

It is an exciting time as “Next Generation Divorce” is an active and professional group of Attorneys, Mental Health Professionals and Financial Professionals that have been collaboratively trained to help remove court cases from the traditional Court system.  You can visit our website at www.nextgenerationdivorce.com.

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Family Law Courtroom Etiquette in Sarasota, Manatee, and DeSoto Counties

It’s always good to make a good impression when going into a Florida Family Law Court, and one of the best ways to make a good impression is to follow proper etiquette.  Fortunately, the Twelfth Judicial Circuit has published its Rules of Etiquette for Family Law cases in Sarasota, Manatee, and DeSoto Counties:

1. Be aware that the judges, general magistrates, hearing officers, or any other court personnel cannot give you legal advice. You may only obtain legal advice from an attorney. You may obtain general information from the Twelfth Judicial Circuit’s website at www.jud12.flcourts.org.

2. Arrive at least twenty (20) minutes before your hearing is scheduled to begin. There are unpredictable times when legal emergencies pressure the court to begin as early as possible. You should know that a judge may also dismiss your case if you are not present at the scheduled time.

3. All persons appearing before the court must dress in an appropriate manner. Shorts, hats, flip-flops, jeans, sneakers, tee shirts, and tank tops are not suitable for the courtroom.

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