Tampa Tribune Publishes Cordover Letter on Collaborative Divorce

The March 31, 2016 edition of the Tampa Tribune published a Letter to the Editor penned by Family Diplomacy Managing Attorney Adam B. Cordover on the newly signed Florida Collaborative Law Process Act (“CLPA”).  You can find the Letter to the Editor below:

LETTER OF THE DAY:  TAKING THE FIGHTING OUT OF DIVORCE

Recent bills passed by the Florida Legislature reforming alimony and changing child time-sharing laws have received a lot of attention, but something that has flown under the radar is the passage of the Collaborative Law Process Act (CLPA). Gov. Rick Scott signed the bill on March 24 after a seven-year effort by licensed mental health counselors, marriage and family therapists, psychologists and other family advocates.

 

The CLPA applies to divorce and other family law matters, and it creates a uniform system for the practice of collaborative law (also sometimes referred to as collaborative divorce, collaborative practice or the collaborative process).

The goal of collaborative law is to take the fighting out of divorce. Each spouse retains an attorney for the sole purpose of reaching an out-of-court agreement. Collaborative attorneys are barred from wasting any of the clients’ energy, time or money on opposition research, discovery motions or preparing for trial.

Collaborative law often involves a neutral facilitator with a mental health licensure. This is in recognition of the fact that divorce is not just a legal process, but it is predominately an emotional process. The facilitator helps parents learn to communicate and focus on what is most important to them, such as the health and welfare of their children.

Governor Scott Signs Florida Collaborative Divorce Bill Into Law

On March 24, 2016, Florida Governor Rick Scott signed HB 967, the “Collaborative Law Process Act,” making Florida the 14th state to have Collaborative Divorce codified in its laws.

Collaborative Divorce is a private form of dispute resolution where the parties agree from the outset to settle all matters outside of court.  Each party has his or her own attorney, and the attorneys are there solely to help the parties reach an agreement that is tailored for that family.  The attorneys are forbidden from engaging in opposition research or preparing for costly trials.

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Biblical Name Changes

Floridians seeking to change their legal name can take comfort in the fact that changing one’s name has a long history rooted in the Hebrew Bible.  A great article in the Jewish Encyclopedia titled “Shinnuy Ha-Shem”  (which translates roughly as “Changing the Name”) discusses biblical name changes.

In the book of Genesis we learn that forefather Abram changed his name to Abraham, and foremother Sarai changed her name to Sarah.

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Are Florida Divorce Courts Anti-Dad?

Over the past few years, there has been a movement to overhaul the alimony and child custody laws of Florida and other states.  This is because husbands and fathers have felt like they are under siege in the family law court system.  They have a glimmer of hope that, if only the laws were changed, then maybe they could get the respect and dignity that they deserve when entering a courtroom.

Map of Florida Circuit Courts

So this bring up a fundamental question:  Are Florida’s family law courts anti-father?

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US Supreme Court: Second Parent Adoptions Protected by Full Faith and Credit

This week, the U.S. Supreme Court ruled that a state must give full faith and credit to a judgment granting a second parent adoption issued by a court of competent jurisdiction of another state.

A second parent adoption is similar to a stepparent adoption, where one spouse adopts the other spouse’s child, except that the petitioner in a second parent adoption is not married to the child’s legal parent.  Second parent adoptions were most closely associated with same-sex partners as, until recently, same-sex marriages were not permitted or recognized in Florida and around the country.

Seal of the United States Supreme Court.svgSecond parent adoption was the only method available (where it was permitted) for many LGBT individuals to gain legal recognition as a second parent to a child.

In the case, V.L. v. E.L., 577 U.S. ___ (2016), two women, E.L. and V.L.  were in a relationship from 1995 until 2011.  About seven years into the relationship, E.L. became pregnant via assisted reproductive technology and gave birth to a child (and a couple of years later, to twins).  The women raised the children as co-parents.

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Collaborative Law Process Act Protects Families’ Privacy

Last Friday, the Florida Senate passed its version of HB-967, the Collaborative Law Process Act, priming Florida to become the 14th state to pass a version of the Uniform Collaborative Law Act.

The bill, which was voted on in the Florida Senate by 39-0 after passing the Florida House last month by 117-0, is now enrolled and expected to be signed by the governor.  At the earliest, the Collaborative Law Process Act becomes binding on July 1, 2016.  However, it may take longer, as the bill itself states that it will not go into effect until 30 days after the Florida Supreme Court adopts Rules of Procedure and Rules of Professional Responsibility consistent with the bill.  It is my understanding that proposed rules have been provided or will be provided to the Supreme Court.

[Update: On March 24, 2016, Governor Scott Signed the Collaborative Law Process Act]

The Collaborative Law Process Act, which applies to divorce, paternity, and other family law matters, does several things:

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Collaborative Divorce Books

I recently wrote a blog post for the new website of the Florida Academy of Collaborative Professionals on books about collaborative divorce books.  There are a lot of great books out there, including books geared towards people going through or thinking about divorce.  Below are the books I discussed:

thecollaborativewaytodivorceStuart G. Webb & Ronald D. Ousky, The Collaborative Way to Divorce: The Revolutionary Method That Results in Less Stress, Lower Costs, and Happier Kids – Without Going to Court (Plume 2007).

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Pee-Wee Herman’s Name Change

Many of us remember Pee-Wee Herman from the Groundlings and children’s programming and movies in the 1980’s.  More recently, you may have seen Paul Reubens, the man who plays Pee-Wee, appear on various TV shows, including the Blacklist, Portlandia, and Reno 911.

File:PaulReubens as Pee-Wee.png

But, what you may not know is before Paul Reubens was Pee-Wee Herman, he was Paul Rubenfeld.

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Divorce Lawyer Client Review: A Complicated Divorce Goes Collaborative

Recently, I came across a very complicated divorce matter where two women had been battling in the court system for six years, even before the State of Florida recognized their marriage.  One of the women ended up firing her aggressive trial attorney and hiring me because I offered an alternative: collaborative divorce.  Once everyone agreed to stop fighting, we were able to reach an agreement within just a few months’ time.

Lawyer Adam Cordover | Top Attorney Divorce

That client, Pattie, recently wrote a touching review about my paralegal, Jennifer, and I at avvo.com.  You can find the review below.

As I am required to note by the Florida Bar, please understand that every case is different, and you may not receive the same or similar results.

The Law Firm of Adam B. Cordover & Staff are amazing, professional caring people. Please know that I don’t mean for this review to be long or boring, my intent is to shed hope & shine light into your present life from my past experience and situation.

My situation was very complicated from the start being a same sex marriage which for years was not recognized in the State of Florida until January 2015 and two properties involved.

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Video: FACP Collaborative Divorce Roundtable

I recently got together with Dr. Jim Morris, a psychologist from Clearwater, and Ed Sachs, a certified public accountant based out of Miami, for a roundtable discussion on collaborative divorce.  Dr. Morris is co-author of Mindful Co-Parenting: A Child-Friendly Path Through Divorce, and Mr. Sachs is Vice President of the Florida Academy of Collaborative Professionals (“FACP”).

You can find the video of the roundtable discussion, recorded for the FACP, after the jump:

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