General information on dissolution of marriage
We at Family Diplomacy are a Collaborative Law Firm serving clients virtually throughout Florida and with offices in Tampa, Saint Petersburg, and Sarasota. We get asked all of the time whether a divorce can even be Collaborative. This short video (about 3 minutes in length) attempts to answer that question.
You can find a transcript of the video below:
Florida alimony reform is here. Our legislature passed, and the governor signed, a transformative overhaul to §61.08, Florida Statutes, commonly referred to as the Alimony Statute. As of July 1, 2023, Florida has virtually eliminated new awards of permanent alimony, codified temporary alimony, and implemented limits to the length and amount of alimony a court could order. The Alimony Statute now only refers to the following types of alimony (also known as spousal support or spousal maintenance): Temporary, Bridge-the-Gap, Rehabilitative, and Durational, each of which can be paid over time or in a lump sum. In this blog post, we explore each and highlight some of the recent significant changes.
Keep in mind that, though this is now the default law and limits what courts can order, spouses can always agree to do things differently through a private process such as Collaborative Divorce or mediation.
Before alimony can be awarded, a court must first determine whether one spouse has an actual financial need, and whether the other spouse has the ability to pay and meet that need. The burden is on the party requesting alimony to show both their need and the other party’s ability to pay. Though determining need and ability to pay may seem straight forward, the issue becomes a lot murkier when one of the spouses has inconsistent income because they are a small business owner, executive with a unique compensation package, or a seasonal worker.
Additionally, though seemingly obvious, many people seeking alimony do not realize that the household income that once supported one home may now have to stretch and support two, and there may or may not be sufficient funds to cover both. It is with this in mind that the new statute considers an additional factor in analyzing need and ability to pay: the anticipated financial needs and necessities of life for each party after the divorce is over.
There are many factors a court may take into consideration when determining an alimony award. However, one of the major changes is how the court measures the length of the marriage. Now, the Alimony Statute defines a short-term marriage as one that last less than 10 years, a moderate length marriage as 10 to 20 years, and a long-term marriage as exceeding 20 years. Traditionally, the length of marriage is measured from the date of marriage until the date of filing for divorce or another date as agreed upon by the spouses. In a Collaborative Process, where many cases do not get filed until after a full resolution is reached, we tend to use a date listed in a Collaborative Participation Agreement in place of the date of filing.
Bitcoin has sure been in the news a lot lately. The cryptocurrency, though volatile, has traded at over $50,000 in recent weeks. Billionaires have publicized opposing views about Bitcoin, with Bill Gates warning investors to stay away while Elon Musk has sung its praise. Regardless, more people seem to be getting on the Bitcoin bandwagon, and thus it is popping up more and more in divorce matters.
In fact, you may be wondering: Is Bitcoin a marital asset for purposes of divorce?
Are you a spouse in Florida who is simply looking for a divorce? Do you not have any minor children in common with your spouse? Do you both agree that there are no alimony or child support issues to deal with? Are all of your marital assets and debts already divided?
If so, you may be eligible for Florida’s Simplified Dissolution of Marriage.
Simplified Dissolution of Marriage is meant to be a quick and easy way to divorce. It is authorized by Rule 12.105 of the Florida Family Law Rules of Procedure. Most people going through divorce do not qualify for a Simplified Dissolution of Marriage. If you and your spouse meet the following criteria, then you may qualify:
Twelfth Circuit Chief Judge Kimberly C. Bonner last week signed an Administrative Order on Parenting Procedures in the Family Division During COVID-19 Pandemic. The Administrative Order covers divorce and parenting/custody matters in Sarasota, Manatee, and DeSoto Counties.
In essence, the Administrative Order directs parents to follow any parenting plan that has been established and cooperate in making alternate arrangements if exchanges were to take place at now-closed schools or daycare. If a parenting plan has not yet been established, the Order directs parents to permit and facilitate access of children to the other parent. The Administrative Order reads, in part, as follows:
WHEREAS, the World Health Organization has declared the Coronavirus Disease 2019 (COVID-19) a pandemic, the Governor of Florida has declared a state of emergency exists, and the Surgeon General and State Health Officer have declared a public health emergency exists, and the Florida State Courts must take steps to mitigate the effects of COVID-19 on legal proceedings and participants in those legal proceedings; and
WHEREAS, since March 17,2020, the Florida Supreme Court has issued various Emergency Administrative Orders found at https://www.floridasupremecourt.org/Emergency , which include ordering the cancellation or postponement of all non-essential in-person hearings, and this court entered Administrative Order 2020-4.2, setting forth COVID-19 Emergency Procedures and Mission Essential Functions; and
WHEREAS, on April 1, 2020, Florida Governor Ron DeSantis entered Executive Order 20-91, referred to as a “Safer at Home” order, which orders all persons in Florida to limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities; and
WHEREAS, it is necessary to reduce the number of “emergency” filings and hearings in family division cases until non-essential in-person hearings resume; and
WHEREAS, it is in the best interests of the parties and child(ren) that parents continue to perform their duties and responsibilities of co-parenting, share the additional responsibilities of parenting through this time, and that the parties comply with all existing court orders and court rules; and
NOW THEREFORE, pursuant to the authority vested in me as Chief Judge of the Twelfth Judicial Circuit of Florida, under Rule 2.215 of the Florida Rules of Judicial Administration, it is hereby ORDERED:
We strive to meet our clients’ needs during difficult times, and we are especially appreciative when clients share how we were able to help them. A client recently left a glowing review for Collaborative Divorce services that we provided. The review was left on Avvo.com.
Please note that every family’s situation is different, and we cannot promise the same or similar results for your family.
Collaborative Divorce Success Story
I highly recommend Adam Cordover. I had not heard of a collaborative divorce before my therapist recommended I speak with Adam. When I first met with him, he was warm and shared excellent information. I never felt pressured to do anything. I was seeking a divorce after a LONG marriage. There were bumps in the road but with the assistance of Adam and the team he assisted us put together, my former spouse and I were able to conclude a collaborative divorce and remain friends. The team approach allowed my ex-husband and I to turn what could have been a disaster into a continued mutual friendship. From start to finish, approximately 6 months, Adam and Jennifer were there for me every step of the way.
(emphasis added)
-Anonymous
Five Stars
If you are looking for a more peaceful way to go through divorce, we are here to help.
Adam B. Cordover is a leading Collaborative Divorce Lawyer in Tampa Bay who helps clients throughout the State of Florida. He is an American Bar Association published author and member of the Board of the International Academy of Collaborative Professionals. Adam has taught lawyers, mental health professionals, financial professionals, and mediators throughout the United States, Canada, France, and Israel how to offer Collaborative services.
Are you heading towards divorce during the coronavirus pandemic? Are you social distancing and not wanting to risk infection by meeting for negotiations in person? Would you prefer to proceed with divorce without getting lawyers involved? Then Online Divorce Mediation may be the best option for you.
In Divorce Mediation, whether virtual or in person, you and your spouse together hire a neutral mediator. As the mediator, I cannot make any orders or force you into an agreement. Rather, I help facilitate an agreement between you and your spouse. I can use my general experience and knowledge of the law to provide you with information and help you develop options, though (because I am not acting in the role of a lawyer) I cannot provide legal advice.
By Jennifer Gunnin, Florida Registered Paralegal at Family Diplomacy: A Collaborative Law Firm
I have been a paralegal at a collaborative family law practice for the past seven years. I am grateful to be helpful to families during a difficult time. People need and appreciate our sensitivity, compassion, and consideration for every aspect of what they are going through, including the financial strain.
I help clients going through collaborative divorce, but I also assist clients who need help in mediation, or direct negotiations or other unbundled services. Moreover, I am there for clients who use our law firm for adoptions or legal name changes.
One of the most important services I offer to clients as a paralegal when someone hires our law firm is a lower hourly rate. Clients are relieved to learn that I will be drafting most of their legal documents and financial disclosures at a lower hourly rate than the attorney.
Now may be a tough time if you are considering divorce. Your mind is racing, your future is unsettled, and your questions are unanswered. But rest assured, there are things that you can do to prepare for divorce.
Here are the top 3 tips for you to consider when you are preparing for divorce.
As part of any divorce process, you and your spouse are going to need to divide your marital assets and debts. These could include funds in checking accounts, savings accounts, money market accounts, retirement accounts, investment accounts, and other accounts. These would also include liabilities such as mortgages, credit cards, charge cards, and loans. Your marital assets might also include cryptocurrencies, such as Bitcoin, Bitcoin Cash, or Ethereum. You should make sure that you have access to (or make copies of) documents, statements, and/or screenshots reflecting all of these so you and your lawyer know what there is to divide.
Christmas can be a difficult time when you are divorcing, as this may be the first time that you are not spending the holiday together as a family. One way to make it a bit easier is to work with your co-parent and come up with a Christmas Custody Schedule that works for your kids.
There are many different ways in which families celebrate Christmas, and below you will find some sample language to consider for your parenting plan.
Mother will share time with the children for the entire winter break during odd-numbered years, and Father will share time with the children for the entire winter break during even-numbered years.
