Collaborative Divorce : Family Diplomacy | A Collaborative Law Firm

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.

Five Legal Steps Florida LGBT Parents Should Take

The unfortunate truth is that current Florida law is not conducive to recognizing the relationships that develop in lesbian, gay, bisexual, and transgender families. However, there are steps that Florida and Tampa Bay LGBT parents can take to boost the recognition of their parental rights.

Adoption

If LGBT parents are committed to raising a child together and recognizing each parent’s rights, I highly recommend that partners consider adopting each other’s children. This helps form an unbreakable legal bond between the children and each partner. Though the law is not completely settled in this area, the judges in Hillsborough County (including Tampa) are granting adoptions by LGBT partners. What’s more, an adoption attorney located in Hillsborough County (such as myself) can help Florida parents come before Hillsborough County judges no matter where in Florida the parents live.

Co-Parenting Agreements

Co-parenting agreements can be great evidence that LGBT partners intend to parent children together. It can boost the argument that “psychological parenting,” or the formation of a parent-like relationship between a child and a non-legal parent, has occurred and make it or more likely that parental rights will be recognized by Florida’s legal system.

Hyphenated or Unified Last Names

A hyphenated or unified last name can go a long way in demonstrating to the Florida legal system that partners intended to raise children together. For example, if partner 1 is named Jones, and partner 2 is named Smith, it would be helpful to have all partners and children’s last names hyphenated or unified, so that everyone has a last name of Jones-Smith, Smith-Jones, Smones, Jith, etc. Florida has laws to aid in legal name changes.

Tampa Prenuptial Agreements: Collaborative-Style

May 18, 2013/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative marriage planning, collaborative mental health professional, collaborative practice, marital settlement agreement, postmarital agreement, postnuptial agreement, premarital agreement, prenuptial agreement, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

Potential clients come into my Tampa office all the time to learn about prenuptial agreements, how they can protect interests, and how they can provide for a more certain future.

For all these clients, I suggest that they utilize the collaborative method when developing a prenuptial agreement with their future spouse.

Tampa Bay Association for Marriage and Family Therapy Goes Collaborative

May 14, 2013/0 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

On May 10, Collaborative Divorce Attorney Adam B. Cordover spoke to the membership of the Tampa Bay Association for Marriage and Family Therapy on “Collaborative Family Law: Offering a Healthier Alternative to Tampa’s Families.”

The presentation was part of a continuing education seminar on Alternatives to Divorce Litigation.

Much of the presentation centered around the principles of collaborative family law:

A pledge not to litigate;
Full disclosure of relevant information by the parties; and
Customized results that take into account the highest priorities of both spouses and their children.

Tampa Bay Collaborative Divorce In A Weekend

May 5, 2013/0 Comments/in Collaborative Divorce //Tags: alimony, child custody, child support, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, florida divorce, marital settlement agreement, parenting plan, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, uncontested divorceby Adam B. Cordover, Attorney-at-Law

I recently came across an article by Sandra Young and Brian Garvey, collaborative divorce lawyers in Illinois, who offer what they refer to as a “Divorce Weekend.” This is a fascinating model of collaborative divorce which offers the option of a quick settlement, and there is no reason why a weekend collaborative divorce cannot take place here in Tampa Bay.

This is how the model works:

Tampa Collaborative Divorce: A More Child-Friendly Divorce

April 17, 2013/1 Comment/in Collaborative Divorce, Kids, Shield Kids //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 fact is that divorce is difficult. Emotions are raw, family life is uprooted, and life becomes strained.

And children are caught in the middle.

Attorneys in Tampa Bay litigated cases are often obligated to not only focus on showing their clients in the most positive light but also shining the spotlight on the opposing parties’ parental flaws. This further frays relationships with consequences to the children.

But there is an alternative. Collaborative divorce is a process where the clients agree not to air their dirty laundry in the court system but instead to negotiate respectfully in private offices of attorneys and other professionals. A neutral facilitator, who usually is a licensed mental health professional, is utilized to ensure that the clients focus on the future and on what is most important: the children.

I recently found a Chicago Tribune article which discusses collaborative divorce and it’s focus on children:

If you’ve gone through a divorce, you know how challenging it can be to keep your emotions in check. Add children to the mix and the damage can be devastating. But experts say more divorcing couples are seeing the benefits of putting down the boxing gloves and placing their children’s needs first.

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Tampa Collaborative Divorce: What About the Cost?

April 13, 2013/1 Comment/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

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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Can a Filed Tampa Divorce Case Become Collaborative?

March 24, 2013/0 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

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?

T. Boone Pickens: Collaborative Divorce Process Saved Me Millions

March 2, 2013/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, 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

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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Collaborative Divorce Institute of Tampa Bay Elects New Executive Board

January 16, 2013/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, 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 Collaborative Divorce Institute of Tampa Bay has elected its executive board, and below are the new officers:

President: Christine Hearn
Vice President: Adam B. Cordover
Secretary: Lara Davis
Treasurer: Marie-Eve Girard
Marketing: David Harper
Membership: Jim Spicer
Programs: Bob Evans
State/Local Liason: Joryn Jenkins
Training: Derek Lucas

The Collaborative Divorce Institute of Tampa Bay is a group of attorneys, mental health professionals, mediators, and financial professionals dedicated to the practice of a less destructive form of family law.

Video: A Former Family Law Judge’s Perspective

November 2, 2012/0 Comments/in Collaborative Divorce //Tags: alternative dispute resolution, collaborative divorce, collaborative family law, Collaborative Law, collaborative practice, family law judges, mediationby Adam B. Cordover, Attorney-at-Law

Judge Michael Porter, a former family law judge, discusses topics ranging from Judge Judy, to emotional versus legal family issues, to alternative forms of dispute resolution (such as collaborative practice and mediation) in the following video: