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.
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.
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.
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.
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.
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):
In a landmark decision in the matter of D.M.T. v. T.M.H., the Florida Supreme Court ruled that a woman who donated her fertilized egg to her partner, who in turn gave birth to a child, has a right to parent the child.
Last year I summarized the facts of this case when it was going through the Fifth District Court of Appeals of Florida:
Two women are in a committed lesbian relationship when they decide to have a child together using reproductive technologies. One woman (the “Genetic Mother”) supplies the egg and has it fertilized. That egg is then implanted into her partner (the “Birth Mother”) who gives birth in 2004.
In almost any Florida family law matter that involves financial issues, such as child support, alimony, division of property and debt, or attorney’s fees, parties are required to exchange and file Florida Family Law Financial Affidavits. Financial Affidavits outline each party’s source(s) of income, as well as expenses, assets, and liabilities.
And, when they are filed, they become part of the public record, accessible by anyone.
Most people, for any number reasons, do not want their financial profile to become public. And yet, when people go through the traditional litigated divorce, that’s exactly what happens.
But it does not need to be that way.
One of the first questions I am always asked by potential clients who are seeking to change their legal name in Tampa Bay or elsewhere in Florida is how long it will take.
First, it depends on whether you retain an attorney who is experienced in name change proceedings. I have helped countless Florida residents obtain a change of their legal name throughout the state, and I have addressed situations that could have caused the name change to be delayed by months.
If you are going through a Florida family law case involving alimony or child support, you have probably run into the terms “obligee” and “obligor.” So what do these terms mean?
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