Florida Divorce, Financial Affidavits, and Privacy

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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.

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How Long does a Florida Legal Name Change Take?

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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.

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Florida Child Support & Alimony: What is an Obligee? What is an Obligor?

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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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A Peaceful Divorce in Tampa Bay?

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I recently returned from a conference of the International Academy of Collaborative Professionals, where approximately 400 attorneys, psychologists, therapists, accountants, and financial planners from all around the world gathered to learn how to help families through collaborative divorce (a process where clients agree to settle their disputes privately and attorneys are contractually barred from bringing contested issues in front of a judge to decide).

During the conference, I was reminded that colleagues in Israel refer to collaborative practice in Hebrew as “L’hitgaresh B’Shalom,” which literally translates as “To Divorce In Peace” or “The Peaceful Divorce.”

This is not to say that collaborative divorce is an easy process.  Another Tampa attorney refers to collaborative divorce as “the tough, but sensible, way to resolve family disputes,” and that’s an apt description.  After all, divorce – no matter how it is resolved – is a difficult and emotional process.

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Does Florida Recognize Legal Separation?

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Many jurisdictions require spouses to be legally separated for a certain period of time (oftentimes about 6-12 months) before they can get a divorce.

Florida does not have such a requirement.

However, there are many couples out there who wish to go through a “trial separation” without taking the leap of divorce.  Many want an interim step short of divorce to maintain the possibility that the parties can work things out later and reconcile.  Does Florida have any mechanisms to provide protections to spouses and children during a trial separation?

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Beginning Anew Collaboratively – Florida’s First Pro Bono Collaborative Divorce

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Not all divorcing spouses want to engage in nasty court battles.

Such is the case of Tyler Nelson and Pamela Burton, who decided to end their marriage on an amicable basis without consuming years in costly and contentious litigation.  They decided to use a form of private dispute resolution known as collaborative divorce for their child’s sake, under the tutelage of trained professionals, to forge a new and different bond as co-parents for the rest of their lives.

And, on September 20, 2013, they will set a precedent as the first pro bono collaborative divorce ever completed in the state of Florida.

Adam B. Cordover, Esq., Vice President of the Collaborative Divorce Institute of Tampa Bay (“CDITB”), represented Tyler.  Joryn Jenkins, Esq., co-chair of the Hillsborough County Bar Association Collaborative Law Section Pro Bono Committee and CDITB Executive Board Member represented Pamela.  Jennifer L. Mockler, Ph.D., served as the collaborative team’s neutral facilitator, and Monica Ospina, CPA, served as Pamela and Tyler’s neutral financial professional.

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SAVE THE DATE – 2014 Collaborative Divorce Training in Tampa Bay

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SAVE THE DATE: 3-Day Interdisciplinary Collaborative Family Law Training in Tampa Bay, Florida – March 20-22, 2014

Sponsored by the Collaborative Divorce Institute of Tampa Bay and the Tampa Bay Collaborative Divorce Group

For attorneys, mental health professionals, and financial professionals, the training meets the standards for membership in both local practice groups and the IACP standards for Basic & Advanced training.

Streamlined Protocols for Collaborative Divorce

Statistics demonstrate that as a result of the economic recession, families have lost almost 40% of their wealth.

Join the new generation of Collaborative Divorce Practitioners who will train and work together in the new streamlined protocols – preserving the Full Team while making Collaborative Divorce affordable.

More Details to Come…

Florida Same Sex Married Couples To Be Eligible For Federal Tax Benefits

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Back in June, shortly after the groundbreaking ruling in U.S. v. Windsor, I wrote a post in which I asked whether Florida same sex partners would get federal benefits.  Though the ruling struck down parts of the federal Defense of Marriage Act (“DOMA”), it did not touch on state DOMAs.  Further, part of the rationale for the Windsor ruling was that marriage laws should be consistent within states so that if a state recognized gay marriage for the purpose of state benefits, then the federal government should recognize gay marriage in that state for the purpose of federal benefits.

But would the federal government recognize the marriage of those same sex couples who legally got married in one state, but then moved to a state, such as Florida, that did not recognize same sex marriage?

The answer, at least for one benefit, appears to be yes.

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What Are Florida Standard Family Law Interrogatories?

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There are times when a Florida judge orders – or an opposing counsel requests – a person to answer standard family law interrogatories.  So what are standard family law interrogatories?

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Florida Divorce and Fathers’ Child Custody Rights

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Many people believe that, in Florida divorces, there is a legal presumption that mothers should get majority time-sharing (formerly known as primary custody) with the parties’ children.  This is simply not the case, as judges fashion Florida time-sharing schedules based solely on the best interests of the children, regardless of the gender of the parents.

Florida Statutes Section 61.13(2)(c)1 states specifically that “[t]here is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.”

So what factors do judges look at to determine children’s best interests when shaping time-sharing schedules?

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