St. Petersburg and Clearwater Bar Associations Hold CLE on Collaborative Divorce

The urge for a more humane way to practice divorce law has hit Pinellas County.  The days of pitting husband versus wife, mother versus father in an adversarial courtroom divorce have both attorneys and clients pining for a private, healthier alternative to deal with family law issues.

And so the Saint Petersburg Bar Association and Clearwater Bar Association have invited Adam B. Cordover, Esq., John L. Sullivan, IV, CDFA, and James B. Morris, Jr., Ph.D., to discuss the interdisciplinary collaborative divorce model at their annual Family Law Update.  The 2014 Family Law Update is approved for 4.0 general continuing legal education hours and 3.5 hours for purposes of Marital and Family Law certification.

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What Is A Florida Parenting Plan?

Any Florida parent who is going through a divorce with children or otherwise dealing with child custody issues will need to have a parenting plan.  A parenting plan is document that is either agreed upon by the parents or created by a judge that sets out each parents’ rights and responsibilities.  The Sixth Judicial Circuit (Pinellas and Pasco Counties) further describes a parenting plan as follows:

It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. Florida Statutes, section 61.13(2)(c).

A parenting plan is a document developed and agreed to by the parents of a minor child, and approved by the court, or if the parents cannot agree, established by the court, which governs the relationship between the parents regarding the child (encompassing “custody”, “parental responsibility”, and “visitation”). A parenting plan may address issues such as the child’s education, health care, and physical, social, and emotional well-being, and must include a time-sharing schedule. The parenting plan must take into account the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, the Parental Kidnapping Prevention Act, and the Hague Convention on the Civil Aspects of International Child Abduction when addressing jurisdictional issues.

For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration.

Any parenting plan approved by a court must address the following issues:

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BREAKING NEWS: Florida Same Sex Couples Sue to Overturn State DOMA

According to the Tampa Bay Times, six same sex couples in Florida are suing to overturn Florida’s Defense of Marriage Act (“DOMA”).  The couples claim that DOMA, which defines marriage as a union between one man and one woman and establishes that Florida will not recognize same sex marriages performed in other states or territories, violates their equal rights under the Constitution of the United States.

This suit comes on the heals of successful lawsuits in Utah and Oklahoma which overturned those states’ same sex marriage bans.  This also comes in the wake of the U.S. Supreme Court case of U.S. v. Windsor, which struck down portions of the Federal DOMA but left state DOMAs intact.

Related:  Five Legal Steps Florida LGBT Parents Should Take

Florida’s DOMA, contained in Florida Statutes section 741.212, reads as follows:

(1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state.

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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Florida Same Sex Relationships: Do I Need To Adopt My Child?

In general, when a baby is born in an intact marriage, that baby is considered the legal child of both spouses.  Similarly, when a married person adopts a child, that child is oftentimes considered the legal child of that married person and his or her spouse.

But what is the status of a child in Florida born of or adopted into a same sex marriage?  In other words, if two men or two women are married in another state, move to Florida, and have a baby, is that baby considered the legal child of both spouses?

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A Really Quick Divorce Option in Florida

The Chicago Tribune recently reported on a form of collaborative family law being offered as a “Weekend Divorce.”  Here is more:

Breaking up is hard to do—even when both husband and wife are ready to bring their marriage to an end. As a result, divorce can often be financially devastating and time consuming.

Against that backdrop, attorneys Sandra Young and Brian Garvey have developed an innovative antidote that is believed to be the first of its kind anywhere: “The Weekend Divorce.”

A centerpiece of their streamlined approach is booking a hotel conference room for two days and negotiating every detail of the divorce agreement and signing all documents by the time the couple leaves on Sunday.

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Collaborative Divorce (aka Collaborative Law or Collaborative Practice) is a “no-court-client-centered” dispute resolution process that separating spouses can use with the help of specially trained and licensed legal, mental health and financial professionals.

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Another Court Rules Same Sex Marriage Ban Unconstitutional

The Tampa Bay Times is relaying that a federal judge in Oklahoma has ruled that state’s ban on same sex marriage is unconstitutional. Judge Terence Kern struck down Oklahoma’s law which, similar to Florida’s Defense of Marriage Act, defined marriage as a union between one man and one woman.

Kern described Oklahoma’s ban on same-sex marriage as “an arbitrary, irrational exclusion of just one class of Oklahoma citizens from a governmental benefit.”
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Powers of Hillsborough County Child Support Enforcement Hearing Officers

If you are involved in a support matter involving the Florida Department of Revenue, then your case will be heard by a Child Support Hearing Officer, rather than a judge.  But what are the powers of the Hearing Officer?

Hillsborough County Chief Judge Manuel Menendez, Jr., recently updated procedures for cases involving Child Support Hearing Officers, and 13th Judicial Circuit Administrative Order S-2014-002 designates to them the following powers:

A. Hear contested income deduction orders and recommend entry of appropriate orders in accordance with section 61.1301, Florida Statutes;

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Federal Government to Recognize Same Sex Marriages Performed in Utah

For 17 days, same sex marriages were legally performed in Utah.  On December 20, 2013, a federal district court struck down Utah’s Defense of Marriage Act (“DOMA”) which, similarly to Florida’s DOMA, recognizes marriage as only between one man and one woman.  Over 1300 Utah gay and lesbian couples took advantage of their newly recognized right to marry when, on January 6, 2014, the U.S. Supreme Court stepped in to pause marriage equality in Utah pending appeal.

Related:  Five Legal Steps Florida LGBT Parents Should Take

Despite the legal seesaw regarding the status of same sex marriage in Utah, the Washington Post cites U.S. Attorney General Eric Holder as stating that those couples who were married during that 17 day period would be recognized by the federal government and receive federal marriage benefits.

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Lie in Hernando County Family Law Court Leads to Jail Time

According to a report in the Tampa Bay Times, a woman in a Hernando County Family Law Court was seeking to get a domestic violence restraining order against her mother when she made some odd statements.  When asked about her extensive criminal background, the woman claimed that she was a DEA agent.

Hernando County Judge Stephen E. Toner gave the woman several opportunities to change her testimony, but she did not.  The family law judge then requested that the Sheriff’s Office check on the woman’s claim, which turned out to be bogus, and the woman was found to be in contempt of court and sentenced to 5 months and 29 days in jail.

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