Best Way to Divorce in Tampa Bay

Let’s face it.  Divorce is a very trying process.  The person to whom you said “I do” now says “I won’t,” and your life is turned upside down.  But you don’t need to make the experience more traumatic by going through a nasty court-based divorce.

It is becoming the opinion of more attorneys and mental health professionals that the best way to go through divorce is via the collaborative process.  Collaborative divorce is a private way of resolving disputes.  Each spouse hires their own attorney who commits to treating both spouses with respect and dignity.  The husband’s attorney advises the husband, and the wife’s attorney advises the wife, but they try to develop options that restructures the family in the least destructive manner possible.  Further, the attorneys are contractually barred from bringing contested issues in front of a judge, so they will not be conducting opposition research or take other tactics which tend to tear families apart.

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Changing Your Tampa Bay Child Support Obligation

It is a new year, and oftentimes that means many changes.  You may have changed jobs or been laid off from work.  You may have been transferred to a different office, or you may have received a promotion.

Any of these occurrences, or other substantial changes in circumstances, may be the basis for a modification of your Florida child support obligation.

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Athletes Have Changed Their Legal Name…And So Can You

There are many athletes who, for various reasons, have changed their legal names.

Basketball star Ron Artest changed his legal name to Metta World Peace to “inspire and bring youth together all around the world.”

Football player Chad Johnson became Chad Ochocinco in honor of Hispanic Heritage Month, reflecting his jersey number, 85.

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How to Avoid a Nasty Divorce Battle in Tampa Bay

When people come to my office for the first time to discuss their Tampa Bay divorce, they are often nervous because they want to end their marriage, but they don’t want to have the knock-down, drag-out court battles that they frequently hear about in the news.  They simply want to resolve their family disputes as quickly, privately, and respectfully as possible, while also ensuring that they do not get the raw end of the deal.

And so many of these spouses are pleasantly surprised when I let them know that there is an option which fits all of these criteria: collaborative divorce.

The first and most important defining feature of collaborative divorce is that the parties each have their own attorney, and everyone agrees that they will not let a judge decide disputed issues.  In fact, the attorneys are contractually barred from filing any contested motions or bringing matters that have not yet been agreed upon before a judge.  This means that the parties and their attorneys will not be trying to tear each other down in a public forum and say things that cannot go unsaid.  Rather, they meet in private offices on the parties’ schedules and agree that all discussion held in the meetings will be confidential until a comprehensive settlement is reached.

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Ask for a Collaborative Divorce Attorney

If you are considering a divorce, ask your attorney whether he or she has received interdisciplinary collaborative training and offers the collaborative divorce option.  Why?

A collaborative divorce attorney will focus on helping you and your family rather than hurting your spouse.  He or she is committed to productive and respectful negotiations for a mutually beneficial outcome rather than conducting an all out war in the courtroom.

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HIV AIDS & Florida Child Custody

May a Florida Family Law Court deny a parent custody rights solely because he or she has HIV or AIDS?

According to section 61.13(6), Florida Statutes, the answer is no, but the court may take some actions.

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Born Outside of Florida? You Can Still Get a Legal Name Change.

I recently had a conversation where a woman told me that she wanted to get a name change.  She had lived in Florida for the past 5 years, but she was born in New York City, and she was wondering if she would have to travel back to NYC to change her name and get her birth certificate amended.

I assured her that she could get the name change here in Florida.

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Private Child Custody Proceedings: Florida Collaborative Practice

When people are seeking to gain child custody rights in Florida – whether through divorce, paternity, establishment of parenting plan, grandparent custody, or other proceedings – the first step they usually take is file a petition with the Clerk of the Court.

Generally speaking, this is a mistake.

By filing a petition, they are entering into the public court system which pits mother against father.  This is an adversarial system which oftentimes leads parties to engage in emotionally and financially draining court battles, and all dirty laundry gets examined and aired.

But there is another way, a private way of determining parental responsibility and child time-sharing schedules.  It is called collaborative practice, also known as collaborative family law.

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The Military, Florida Divorce, and Residency Requirements

Florida Statutes Section 61.021 imposes a residency requirement for divorce cases:  One of the parties must have lived in Florida for at least 6 months prior to the filing of the petition for dissolution of marriage.  This generally means that a spouse will have to be physically present in Florida fort six months and have the intent to remain a permanent resident of Florida.

However, Florida does provide exceptions for members of the military.

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Video: Ellie Izzo Discusses Collaborative Divorce Streamlined Protocols

On March 20-22, 2014, the Collaborative Divorce Institute of Tampa Bay and Tampa Bay Collaborative Divorce Group are teaming up to sponsor a Basic & Advanced training for attorneys, psychologists, psychiatrists, therapists, accountants, financial advisors, and mediators.

The training will provide professionals tools to help their clients go through a private, respectful collaborative divorce process, and to do so in a cost-effective way which creates a budget and roadmap for the process and helps clients move through difficult emotional roadblocks.

Interested professionals can find a registration form at the following link: http://collaborativedivorcetampabay.com/wp-content/uploads/2013/11/March-2014-CDITB-TBCDG-Streamlined-Protocols-Training-Registration-Form.pdf

Dr. Ellie Izzo, one of the trainers coming to Tampa, discusses the Streamlined Protocols at the following link (from a previous training):

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