COLLABORATIVE DIVORCE AND FAMILY LAW IN FLORIDA. No matter how you look at it, divorce and family law matters are difficult to go through. Expectations of stability are shattered,

mistrust grows, and bills pile up. And then the litigation begins. Attorneys file and serve petitions, counterpetitions, requests to produce, and motions to compel. Each party hires dueling mental health experts to convince a judge that he or she should have more time with the children. Privacy is eliminated as each party’s life is probed and publicly questioned so that one side may gain a tactical advantage.

But there is a different way. A more civilized way. And it is called Collaborative Family Law (also known as Collaborative Divorce or Collaborative Practice).

We are a Collaborative law firm dedicated to helping people resolve personal disputes without destroying their families. We encourage the use of the Collaborative Family Law model in divorce, child custody, child support, alimony, post-judgment, prenuptial, and most other family law cases. Further, Adam B. Cordover is an internationally-recognized leader in Collaborative Practice, a trainer who teaches other professionals how to help families Collaboratively, and author of an upcoming American Bar Association book on Collaborative Law.

Tampa Tribune: Florida Gay Marriage and Gay Divorce Cases

July 26, 2014/2 Comments/in Case Law Update, Collaborative Divorce, Family Law News, Florida Statutes, LGBT Family Law Matters //Tags: collaborative attorney, collaborative divorce, collaborative family law, Collaborative Law, collaborative practice, Defense of Marriage Act, DOMA, gay and lesbian couples, gay and lesbian parents, gay marriage, gay rights, lesbian rights, LGBT custody rights, LGBT family law, LGBT family law rights, same sex couples, same sex divorce, same sex marriage, same-sex parents, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

As I wrote in a previous post, a Florida Circuit Court judge in Monroe County (in the Florida Keys) declared that Florida’s ban on same sex marriage is unconstitutional. Though that ruling was stayed (not put into effect) pending appeal, a Miami-Dade judge made a similar ruling this past week, which was also stayed.

A few days before the Miami ruling came out, I was interviewed by Elaine Silvestrini of the Tampa Tribune about my Tampa same sex divorce case now under appeal in the Second District Court of Appeals and how the Florida Keys ruling may or may not affect the divorce case. Below are some excerpts of the Tampa Tribune article:

Although the decision [to permit same sex marriages] has no force of law in the rest of the state, lawyers [in the same sex divorce case] say it may help their case for divorce equality.

“It’s not authoritative, but it provides a little bit more persuasion,” said Adam Cordover, who represents [one of the divorcing spouses]. “It shows that yet another court has ruled in favor of marriage equality. The currents of history are in favor of marriage and divorce equality.”

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Radio Interview: Collaborative Divorce and Christian Values

July 20, 2014/0 Comments/in Collaborative Divorce //Tags: Christian values, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, different faiths, dissolution of marriage, divorce, family values, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

Collaborative attorney Joryn Jenkins and I recently appeared on Spirit FM 90.5’s Legally Speaking to talk about Collaborative Divorce. Spirit FM is a Christian radio network that broadcasts out of Christ the King Church in the heart of Tampa, Florida.

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As I mentioned during the interview, we do not advocate divorce: anyone with marital troubles should consult with their priest, pastor, rabbi, marital therapist, or other clergy or professional and do all that they can to repair their relationship, especially if there are children involved. No matter what process is chosen, divorce is a painful ordeal, and the spouses are not the only ones affected.

However, there are times when a marriage is truly irretrievably broken. It is in those cases that we urge parties to consider collaborative divorce, which is a private, respectful family law process that helps spouses dissolve their marriage while keeping their dignity intact. This is in stark contrast to traditional divorce, where the adversarial court system pits husband versus wife, mother versus father, ultimately to be judged by a stranger appointed or elected to a government position.

“Next Generation Divorce” Takes On A New Meaning At St. Pete Pride

July 6, 2014/0 Comments/in Collaborative Divorce, LGBT Family Law Matters //Tags: alimony, bisexual parental rights, child custody, child support, collaborative attorney, collaborative divorce, dissolution of marriage, divorce, equitable distribution, gay parental rights, lesbian parental rights, LGBT custody rights, LGBT family law, same sex divorce, same-sex parentsby Adam B. Cordover, Attorney-at-Law

Last Sunday, I met a lot of people who had a lot of questions regarding their parental and family law rights. My law firm sponsored a booth at the St. Pete Pride festival in St. Petersburg, Florida, where I discussed topics such as adoptions, name changes, and LGBT child custody rights. I also had the chance to talk about collaborative family law, a private form of dispute resolution which I have used to help same sex partners amicably separate.

At the pride festival, I was wearing a metal name tag that I received from my collaborative family law practice group, Next Generation Divorce. Next Generation Divorce is comprised of over 100 caring attorneys, mental health professionals, and financial professionals dedicated to helping parents and divorcing spouses handle difficult issues amicably and with their dignity intact. I happen to be Next Generation Divorce’s current president and, needless to say, I strongly support the organization’s drive to help folks resolve disputes respectfully through the collaborative process.

What Your Florida Divorce Lawyer May Not Be Telling You

June 22, 2014/0 Comments/in Collaborative Divorce, Divorce, Divorce Court //Tags: child custody, child custody case, child support, co-parenting, collaborative attorney, collaborative divorce, collaborative divorce training, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, contested divorce, divorce, Florida child custody, florida divorce, Hillsborough County, International Academy of Collaborative Professionals, Manatee County, Next Generation Divorce, no fault divorce, parenting plan, Pasco County, Pinellas County, Sarasota County, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

The vast majority of divorce attorneys in Tampa Bay and around Florida are good, hardworking people with their clients’ best interests always at mind. However, there is one divorce option that more and more financial and mental health professionals agree is the best way to handle a family law matter, and yet many attorneys will not tell their clients about it: collaborative divorce.

Collaborative divorce is a private form of dispute resolution where each spouse hires their own attorney only for the purposes of helping to negotiate a marital settlement agreement. Collaborative attorneys are contractually prohibited from going to trial or bringing any contested issues to be decided by a judge.

Trial Divorce = Big $$ for Attorneys

This is one reason why there are a lot of divorce trial lawyers who are against collaborative divorce: attorneys make a lot of money billing time for trial-related activities such as depositions, interrogatories, witness preparation, exhibit analysis and selection, and trial itself. Trial attorneys bill this time even though they know that 95% of all divorce cases end in settlement, even sometimes after trial but right before a judge issues a ruling. Read more →

Sample Florida Child Custody Schedules

June 15, 2014/0 Comments/in Collaborative Divorce, Kids, See Kids //Tags: 12th Judicial Circuit, child custody, child custody case, co-parenting, collaborative family law, divorce, Florida child custody, Hillsborough County, Manatee County, parenting plan, Pasco County, paternity, Pinellas County, Sarasota County, Tampa, Tampa Bay Collaborative Family Law, temporary child custody, time-sharing, time-sharing scheduleby Adam B. Cordover, Attorney-at-Law

In each Florida family law case (such as divorce or paternity) that involves the custody of a child, Florida law requires that a parenting plan be established. This is why we want to give you some sample Florida child custody schedules – to help you. One of the most important elements of a parenting plan is the child custody schedule, now known as a “time-sharing” schedule.

Family Law Tip: You should never let a judge decide your child’s time-sharing schedule. A judge does not know your family dynamics and bases such decisions on very limited information, and usually the judge is seeing parents, especially divorcing parents, at the worst time in their lives. Instead, you and your co-parent should use a private form of dispute resolution, such as collaborative family law.

As I tell clients who come to my Tampa office, there are many different types of time-sharing schedules. Below are some samples provided by the 12th Judicial Circuit (which includes Sarasota and Manatee Counties). The parent who is listed in a box is the one whom the child will be staying with overnight:

Who Started Collaborative Divorce?

June 4, 2014/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, collaborative family law, Collaborative Law, collaborative practice, dissolution of marriage, divorce, International Academy of Collaborative Professionals, Next Generation Divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

Ever since my first basic collaborative divorce training in Tampa in 2011, I have been enthusiastically offering the collaborative process to my clients as a better way to handle family law matters. I have also tried to become a student of the process, reading every book I can get my hands on that discusses collaborative divorce.

Right now I am reading The Collaborative Way to Divorce: The Revolutionary Method That Results in Less Stress, Lower Costs, and Happier Kids – Without Going to Court. This book is written by Stu Webb, the founder of collaborative divorce, along with Ron Ousky, one of the early leaders of collaborative practitioners.

In the introduction of the book, Stu discusses how he came up with the collaborative method:

In 1989, I had been a divorce lawyer for about eighteen years – and was getting pretty sick of it. I saw what the adversarial court battles that were the focus of divorce were doing to my clients, and I knew the resulting negativity was having an effect on me, too.

In traditional litigation two lawyers (or teams of lawyers) hash out the divorce in a court of law. The actual parties to the divorce – the husband and wife – have almost no direct contact with each other, and what little interaction they have is usually bitter and unproductive. Tension, fear, anger, and recrimination prevail. This traditional process makes it almost impossible for the parties to have anything remotely resembling a healthy relationship after the divorce, even when there are children involved.

Consequences of Not Paying Florida Child Support

May 27, 2014/0 Comments/in Collaborative Divorce, Florida Family Law Rules of Procedure, Florida Statutes //Tags: child support, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, contempt, enforcement, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

If a court orders you to pay child support, I have two words for you: Pay It. Child support is taken so seriously by the Florida and federal government that it is one of the few types of debts that cannot be discharged in bankruptcy proceedings, and it can be enforced against you no matter which state in this country you live in or move to.

The Florida Statutes and Florida Family Law Rules of Procedure provide several consequences of not paying support.

BREAKING NEWS: Tampa Same Sex Divorce Dismissed by Trial Judge; Parties to Appeal

May 10, 2014/3 Comments/in Case Law Update, Collaborative Divorce, Family Law News, Florida Statutes, LGBT Family Law Matters //Tags: collaborative attorney, collaborative divorce, collaborative family law, collaborative practice, Defense of Marriage Act, dissolution of marriage, divorce, DOMA, gay and lesbian couples, gay marriage, gay rights, lesbian rights, LGBT family law rights, same sex couples, same sex divorce, same sex marriage, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

Many people have been following a matter that I am involved in, the same sex divorce case in Tampa, Florida. Well, the judge just issued her ruling, and she dismissed the amended petition for dissolution of the parties’ marriage.

In her order, Judge Lee writes the following:

The Petitioner filed her initial Petition for Dissolution of Marriage on January 15, 2014. Thereafter, the parties entered into the collaborative divorce process and successfully completed that process. As a result, the parties voluntarily entered into a Collaborative Marital Settlement Agreement on March 14, 2014. Subsequently, on March 17, 2014, the Petitioner filed her Amended Petition for Dissolution of Marriage and asked the court to accept jurisdiction of the subject matter, dissolve the marriage of the parties, and adopt and incorporate the Collaborative Marital Settlement Agreement into a Final Judgment of Dissolution of Marriage.

RELATED: Tampa Same Sex Divorce and Collaborative Practice

As alleged in the Amended Petition, the parties married …in the State of Massachusetts. The parties are a same-sex couple. While the State of Massachusetts authorizes and recognizes same-sex marriages, by current law the State of Florida does not authorize or recognize such unions.

Specifically, in 2008, Florida citizens amended Article I of the Florida Constitution by voter initiate to provide as follows:

Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized. Art. I, s. 27, Fla. Const.

Read more →

Florida Bar Video: Collaborative Divorce

May 3, 2014/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

The Florida Bar’s Young Lawyer Division has produced the following video which discusses collaborative divorce, the growing private and respectful method of resolving family law disputes. The video features collaborative attorney Elaine Silver, with whom I serve on the Collaborative Family Law Council of Florida.

(Click “Continue Reading” to View Video)

Tampa Same Sex Divorce and Collaborative Practice

April 19, 2014/2 Comments/in Collaborative Divorce, Family Law News //Tags: collaborative attorney, collaborative divorce, collaborative divorce training, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, dissolution of marriage, divorce, florida divorce, gay and lesbian couples, gay and lesbian parents, gay marriage, gay rights, lesbian parental rights, lesbian rights, LGBT family law rights, Next Generation Divorce, no fault divorce, same sex couples, same sex marriage, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, uncontested divorceby Adam B. Cordover, Attorney-at-Law

Same Sex Couple Seeks Divorce in Florida

I have recently been involved in a Tampa family law matter that has made a couple of headlines lately. I represent a client who married her wife in Massachusetts, they moved to Florida, and ultimately they decided that their same sex marriage was irretrievably broken. The women reached a full settlement on all their marital issues, and, as the media has reported, now they are asking the court to grant them a divorce.

What has gotten far less attention is the fact that the women reached a full settlement agreement and formed a united front using the private collaborative family law process.

Unlike the more familiar divorce proceedings where parties hire gunslinger lawyers and have their dirty laundry aired in public courthouses, these women each retained a collaboratively-trained attorney (Ellen Ware and myself) who are experienced in respectful and interest-based negotiations. We attorneys were hired specifically to focus on reaching an amicable settlement in private offices; we both agreed that we would not inflame the situation by “building a case” against the other party and bringing arguments between the clients into the public courtroom.