General information on dissolution of marriage

2016 Collaborative Law Process Act Making Progress in Florida Legislature

Senate Bill 972, the “Collaborative Law Process Act,” is making its way through the Florida Senate and will hopefully become law this summer.

[UPDATE 2: Governor Scott signed the Collaborative Law Process Act on 3/24/16]

[UPDATE: The Collaborative Law Process Act Passed the Florida Legislature on 3/4/16.  Learn more about it in the following Article: Collaborative Law Process Act Protects Families’ Privacy]

The Collaborative Law Process Act creates a legal framework for families to resolve disputes outside of court.  The bill specifies that family law matters under chapters 61 or 742 of the Florida Statutes may be resolved via the collaborative process.  These family law matters include the following:

  • Divorce;
  • Alimony and child support;
  • Marital property and debt distribution;
  • Child custody and visitation (also known as time-sharing and parental responsibility);
  • Parental relocation with a child;
  • Prenuptial and postnuptial agreements; and
  • Paternity.

Families in Tampa Bay, Greater Sarasota, and throughout the state of Florida are already utilizing the collaborative process to resolve divorce and other matters privately and respectfully, but a big improvement with this bill is that there will be a statutory framework to ensure discussions had in the collaborative process can be enforced as confidential.   Read more

Do You Need A Divorce Second Opinion?

As the New Year is upon us, many people are reflecting upon the past year and determining what changes need to be made for the coming year.  If you have been going through a tough, litigious divorce in Florida in 2015, perhaps it is time to reassess your divorce strategy and divorce process.

According to the traditional family law model, divorce is a zero-sum game where each party hires attack dog lawyers. The lawyers not only show their client in a positive light but also tear the other party down.  Traditional divorce lawyers engage in damaging opposition research, through depositions, interrogatories, requests for production of documents and things, and requests for admissions.  Of course, the other attorney defends against opposition research with objections, motions for protective orders, and discovery requests in response.

Traditional divorce lawyers then set public hearings on motions to compel, motions for contempt, and motions for attorneys’ fees and costs.  Even after these motions are heard, parties may still be years away from a final trial.

Does this sound familiar?  Are you unhappy about the path that your divorce has taken?  If so, you may want to consider getting a second opinion on your divorce.

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Top 10 Family Diplomacy Blog Posts of 2015

This year marked the fifth anniversary of this firm, and also the evolution from a general family law practice as The Law Firm of Adam B. Cordover, P.A., to an exclusively out-of-court practice as Family Diplomacy: A Collaborative Law Firm.  We refocused on collaborative divorce and family law, mediation, direct negotiations, and unbundled legal services, and we adopted a new website, FamilyDiplomacy.com, which contained our new blog.

Below you will find the ten most viewed blog posts of the year on FamilyDiplomacy.com:

Number 10

A Low Profile Divorce for High Profile People

We see it in the news and magazines all of the time.  Publicly available divorce documents accuse a celebrity of secretly supporting a child born out of wedlock.  Sports figures’ assets and judgment become public spectacles.  Politicians and their spouses lob accusations at each other for all to see.  Businessmen’s private details and dirty laundry end up as front page stories.

Fortunately, your divorce does not need to be in the public eye…

Number 9

Video: Stu Webb’s Collaborative Divorce & Jazz

Now, as it turns out, Stu Webb is not only the founder of collaborative divorce, but he is also an avid fan of Jazz. You can find a short video he helped create comparing collaborative divorce to jazz…

Number 8

Tampa Collaborative Divorce Consultation

Since I opened my law practice, I have received phone calls from potential clients asking if they could bring their spouse to the divorce consultation. Their purpose was to go to a lawyer together, hear the same information, and demonstrate that they are not trying to hire a “pitbull lawyer” or engage in dirty trial tactics. They simply wanted to dissolve their marriage, and they did not want to fight in order to make the divorce happen…

Number 7

Do You Really Need An “Aggressive” Divorce Lawyer?

If you are considering divorce, whether here in Florida or elsewhere, and you are doing online research about family law attorneys, you will come across many firms that describe their attorneys as “aggressive” and “ready to fight for you.”

You will not find that type of language on Family Diplomacy’s website, as we believe that spouses should not be pitted against one another…

Number 6

UFC: Comparing Unified Family Courts with Ultimate Fighting Championship

The range of techniques that are displayed in the Ultimate Fighting Championship are absolutely breathtaking. From jabs to takedowns to flying armbars, each fighter attacks and counterattacks and does whatever he or she can to get the upper hand over the opponent. Similarly, in the Unified Family Courts, opposing attorneys and opposing parties engage in a variety of tactics in an attempt to build up one side and tear down the other…

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Sample Christmas Custody Schedules

If you are divorcing in Tampa Bay and you have children, Florida law requires that a parenting plan be created.  The parenting plan outlines parental responsibility (decision-making authority) along with a time-sharing (custody) schedule.

The time-sharing schedule should not only address where the children stay during the school year and in summer months, but also how holidays, such as Christmas, are to be handled.

Below are some sample Christmas time-sharing schedules:

Read more

A Low Profile Divorce for High Profile People

We see it in the news and magazines all of the time.  Publicly available divorce documents accuse a celebrity of secretly supporting a child born out of wedlock.  Sports figures’ assets and judgment become public spectacles.  Politicians and their spouses lob accusations at each other for all to see.  Businessmen’s private details and dirty laundry end up as front page stories.

Fortunately, your divorce does not need to be in the public eye.

Read more

Primary Care Lawyer

I recently read a very interesting article by Michael Zeytoonian, a Massachusetts lawyer and mediator, asking a very interesting question: Do you have your primary care lawyer?

Michael opines that while most people have a primary care physician to help direct them for their medical needs, most people at some point will have legal issues and do not know to whom to turn.  He then cites an old adage: “The worst time to hire a lawyer is when you need one.”

Here are some excerpts:

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UFC: Comparing Unified Family Courts with Ultimate Fighting Championship

I am a huge fan of the Ultimate Fighting Championship, usually referred to by its initials, UFC.  This comes as a big surprise to those getting to know me, because in my professional life I am dedicated to helping Tampa Bay families peacefully resolve their differences via the collaborative law process.  But there is something about the techniques, the artistry, the competition, the drama of a good fight that keeps drawing me to watch the sport.

And yet, I am not a big fan of another UFC, the Unified Family Courts, at least not as a means to resolve family disputes.  Beginning in 1991, a series of Florida Supreme Court opinions set out to create separate court division for families going through divorce, coordinate actions among the judges, and resolve family law issues in a fair, timely, efficient, and cost-effective method.  Though we have incredible and dedicated judges, clerks, and court staff who try their very best, it is still a very flawed system for helping families move on with their lives.

This post looks to compare these two UFCs.

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Classes for High Conflict Parents in Sarasota & Bradenton

Every family law attorney has met parents who simply do not seem to get along.  One parent says yes, the other automatically says no.  Mom says the sky is blue, while dad says mom is just plain wrong.

I strongly encourage parents who have a toxic relationship to attend high conflict diversion classes.  One such class is taught by Shaun Hoyle, who has undergone collaborative training and is the owner of Life Lessons of Manasota, Inc.

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Pope Francis Fast-Tracks Some Catholic Annulments

The Tampa Tribune is reporting that Pope Francis has reformed the process by which many Catholics receive annulments from the church.  The reforms take a process that oftentimes took well over and year and, in many cases, shortens that length down to 45 days.

Pope Francis Korea Haemi Castle 19 (cropped).jpg

One of the reforms does a way for the need of an exhaustive investigation when both spouses request the annulment (or neither actively opposes it).

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Receiving Florida Child Support By Direct Deposit

If you have minor children and are going through a divorce or paternity matter in Florida, then someone is likely going to have to pay child support to the other parent.  Child support by default is paid through the Central Governmental Depository and State Disbursement Unit, which is a system for the courts to ensure that child support is being paid.

Usually, a judge will sign an Income Withholding Order that is sent to the payor’s employer.  The employer will automatically deduct the child support from the payor’s paycheck, and then send the payment to the State Disbursement Unit (“SDU”).  The SDU makes a record of the payment, and then sends the child support payment via debit card to the payee.

But, if you are receiving child support in Florida, you can choose to get it via direct deposit.

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