Tampa Collaborative Divorce: What About the Cost?

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I recently wrote an article for the Collaborative Divorce Institute of Tampa Bay where I relayed a question often asked by those not familiar with the collaborative process:  Is collaborative divorce only for rich people?

Below is an excerpt:

According to a four year study conducted by the International Academy of Collaborative Professionals, 87% of female participants and 47% of male participants of collaborative cases make less than $100,000.

Though the collaborative model will not be the cheapest model in all cases, it has a substantial opportunity to cost less than traditional trial practice for several reasons.

First, one of the most emotional and costliest issues in family law matters is child custody.  Attorneys in traditional litigated cases tend to draft questions to be answered under oath, set depositions, conduct research to not only put their client in the best possible light but to put the opposing party in the worst possible light, and prepare for trial.  The attorneys’ fees for each of these actions add up quite quickly.  On the other hand, all of these costs can be greatly reduced in a collaborative case with the inclusion of facilitators, who are generally trained mental health professionals, as they are able to cut through the clutter of emotionally-charged issues and bring the parties (and attorneys) to focus on the future and best interests of the children.

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Tampa Collaborative Divorce: Cordover Presenter at Training

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Tampa Judge Catherine Catlin and Attorney Adam B. Cordover discuss Hillsborough County's Collaborative Family Practice Administrative Order. Photo courtesy of Joryn Jenkins.

Tampa Judge Catherine Catlin and Attorney Adam B. Cordover discuss Hillsborough County’s Collaborative Family Practice Administrative Order. Photo courtesy of Joryn Jenkins.

On March 22, 2013, Tampa Bay attorney Adam B. Cordover led a discussion, along with Tampa Family Law Associate Administrative Judge Catherine M. Catlin, on Hillsborough County’s Collaborative Family Practice Law Administrative Order.  The panel took place at the 2013 Interdisciplinary Family Collaborative Practice Training, co-sponsored by the Collaborative Divorce Institute of Tampa Bay and the Tampa Bay Collaborative Divorce Group.  Over 70 attorneys, mediators, financial professionals, and mental health professionals from throughout Florida and as far away as Pennsylvania and Texas were in attendance.

Collaborative family law is a process that takes private issues such as divorce and child custody out of the public courtroom and into secure and confidential offices of professionals.  Once a collaborative participation agreement is signed, attorneys dedicate themselves solely to achieving an agreement acceptable to both parties rather than preparing for court battles.  The Collaborative facilitator helps the parties focus on the future of the family and children rather than the demons of the past, while a financial professional develops personalized options for the division of assets and debts and the family’s financial security.

The administrative order ensured that the Thirteenth Judicial Circuit in and for Hillsborough County encouraged and recognized the use of the collaborative process and permitted divorce and family law cases that had already been filed in the court system to convert to collaborative cases.

If you have questions on how a Tampa Bay collaborative process can help your family law matter, schedule a consultation with a Florida collaborative attorney by calling The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or filling out our contact form.

Adam B. Cordover serves as Vice President of the Collaborative Divorce Institute of Tampa Bay and is a member of the International Academy of Collaborative Professionals.  Adam served on the taskforce that drafted the Hillsborough County collaborative family practice administrative order.

Florida’s Defense of Marriage Act

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The U.S. Supreme Court is hearing arguments on the rights of lesbian and gay individuals to marry partners of the same sex, and Florida’s laws may be affected.  Currently, same sex partners are not only prohibited from entering into marriage in Florida,  but Florida law also prohibits the recognition of same sex marriages that were validly sanctioned in any other state or nation.

Related:  Five Legal Steps Florida LGBT Parents Should Take

Florida has a version of the Defense of Marriage Act (section 741.212, Florida Statutes), which reads as follows:

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Can a Filed Tampa Divorce Case Become Collaborative?

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Collaborative divorce is becoming more well-known and more popular in Florida, and for good reason.  Discussions regarding custody schedules and division of assets take place in the private offices of collaborative facilitators, attorneys, or financial professionals rather than being battled in the public courtroom.   Issues are resolved using the expertise of accountants or financial planners and creativity of trained facilitators rather than the rigid dictates of the law.  Tackling the issues inherent in divorce is seen as a team effort rather than a fight to the finish.

Obviously, a case can (and should) become collaborative from the very beginning.  The parties and professionals sign a participation agreement where they commit to resolving their family law issues through the process, and they agree not to involve the court system until a full settlement is reached.

But, if a Florida divorce or other family law case has already been filed, can it later become collaborative?

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32 Year Old Man Legally Adopted

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CNN has been reporting the story of Maurice Smith, a man who was adopted by his foster parents. Mr. Smith was an adult (32 years old) at the time of the adoption. Below is the video:

As in this story, adults may be adopted by their foster parents in Florida.

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Summary of Florida Alimony Reform Bill

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House Bill 231, which proposes broad-reaching changes to Florida’s alimony statute, has passed the Civil Justice Subcommittee.  It next goes to the House Judiciary Committee.

The Judiciary Committee provides the following summary analysis of HB 231:

Alimony provides financial support to a financially dependent former spouse. The primary elements to determine entitlement are need and the ability to pay, but the statutes and case law impose many more criteria. There are four different types of alimony: bridge-the-gap alimony, rehabilitative alimony, durational alimony, and permanent alimony. An award of alimony may be modified or terminated early in certain circumstances.

The bill makes a number of changes to current law on alimony and dissolution of marriage. The bill:

  • Eliminates permanent alimony.
  • Eliminates consideration of the standard of living established during the marriage as a factor in determining alimony.
  • Creates presumptions for earning ability imputed to an obligee.
  • Requires written findings justifying factors regarding an alimony award or modification.

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If You Want a Legal Name Change in Florida, Know Thyself

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Florida permits most people who want to change their legal name to do so, but there are some hoops to jump through.

You must file a legal document, known as a petition, in the circuit court of the county in which you reside.  The petition must include extensive information regarding you and your history, including all addresses at which you have lived since birth. 

In other words, before filing the petition, you must know thyself, and gather all appropriate information about you.

Keep in mind that you will likely have to go through a background check through the Florida Department of Law Enforcement and the Federal Bureau of Investigation, so it is best to be as thorough and up front in the petition as possible.

A judge will review your petition, and he or she may require you to appear in court and provide testimony about the request to change your name.  This is mainly done to ensure that you are not requesting the change for an illegal or ulterior purpose.

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T. Boone Pickens: Collaborative Divorce Process Saved Me Millions

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Collaborative divorce is a process that leverages the unique skills and talents of attorneys, financial professionals, and mental health professionals to keep private family matters out of the public arena of the courthouse, and famed billionaire T. Boone Pickens is a fan.  The following is an excerpt from the Dallas Business Journal:

Billionaire T. Boone Pickens is clearly a man who knows a good deal when he sees one.

That’s why he used a collaborative divorce approach in his recent parting of ways from his fourth wife, Madeleine.

Pickens told a room full of lawyers about his experience Friday during a lunchtime panel in Dallas.

The State Bar of Texas didn’t let me into the room for his talk, saying it was a paid, private event, but I was able to grab a couple of comments from Pickens on the way out of the Hotel Palomar.

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Alimony Reform Bills Coming to Florida Legislature

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Bills that seek to change Florida’s alimony laws are coming to the Florida House (HB 231) and Senate (SB 718).  The bills, supported by Florida Alimony Reform, seek to do the following (according to the Florida Bar News):

HB 231 would do away with permanent alimony in almost all cases and make other changes.  It would create the presumption of no alimony in “short-term” marriages up to 10 years, and there would be no presumption in favor of either party for alimony in “mid-term” marriages of 10 to 20 years.  In the latter cases, the party seeking alimony would have to prove the need for alimony by a preponderance of the evidence, and payments would be limited to the lesser of 50 percent of the differences in the spouse’s income or 20 to 30 percent of the paying spouse’s net income, based on the length of the marriage.

Alimony would be presumed as needed on “long-term” marriages of over 20 years, but would be limited to the lesser of 50 percent of the income difference or 33 percent of the paying spouse’s net income.  An extra 10 percent could be awarded if the receiving spouse is determined to be disabled under Social Security standards.

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In Florida, Can A Husband Be Awarded Alimony?

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When you think of Florida alimony, you might only consider those times when a husband is ordered (or agrees) to make spousal support payments to a wife.  But we no longer live in the 1950’s.  I am running into more divorce situations where the wife earns significantly more than the husband, and the wife is ordered (or agrees) to pay alimony to the husband.

An award of alimony to a husband is made based on the same exact factors that an award of alimony to a wife is made.  The primary consideration is the husband’s need for spousal support, and the wife’s ability to pay.  Once a court has determined that there is a need and ability to pay, the court will determine the length and extent of the alimony award after considering the following factors:

(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.

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