Collaborative Law Process Act Protects Families’ Privacy

March 7, 2016/0 Comments/in Collaborative Divorce, Divorce, Florida Statutes, Legislative Update, Private Divorce //Tags: collaborative attorney, collaborative divorce, collaborative family law, Collaborative Law, collaborative practice, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam

Last Friday, the Florida Senate passed its version of HB-967, the Collaborative Law Process Act, priming Florida to become the 14th state to pass a version of the Uniform Collaborative Law Act.

The bill, which was voted on in the Florida Senate by 39-0 after passing the Florida House last month by 117-0, is now enrolled and expected to be signed by the governor. At the earliest, the Collaborative Law Process Act becomes binding on July 1, 2016. However, it may take longer, as the bill itself states that it will not go into effect until 30 days after the Florida Supreme Court adopts Rules of Procedure and Rules of Professional Responsibility consistent with the bill. It is my understanding that proposed rules have been provided or will be provided to the Supreme Court.

[Update: On March 24, 2016, Governor Scott Signed the Collaborative Law Process Act]

The Collaborative Law Process Act, which applies to divorce, paternity, and other family law matters, does several things:

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Divorce Lawyer Client Review: A Complicated Divorce Goes Collaborative

February 24, 2016/0 Comments/in Collaborative Divorce, Divorce, Divorce Process, Family Law News, Family Lawyer Reviews / Testimonials, 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 marriage ban, gay rights, lesbian rights, LGBT family law, LGBT family law rights, same sex couples, same sex divorce, same sex marriage, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam

Recently, I came across a very complicated divorce matter where two women had been battling in the court system for six years, even before the State of Florida recognized their marriage. One of the women ended up firing her aggressive trial attorney and hiring me because I offered an alternative: collaborative divorce. Once everyone agreed to stop fighting, we were able to reach an agreement within just a few months’ time.

Lawyer Adam Cordover | Top Attorney Divorce

That client, Pattie, recently wrote a touching review about my paralegal, Jennifer, and I at avvo.com. You can find the review below.

As I am required to note by the Florida Bar, please understand that every case is different, and you may not receive the same or similar results.

The Law Firm of Adam B. Cordover & Staff are amazing, professional caring people. Please know that I don’t mean for this review to be long or boring, my intent is to shed hope & shine light into your present life from my past experience and situation.

My situation was very complicated from the start being a same sex marriage which for years was not recognized in the State of Florida until January 2015 and two properties involved.

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Face-to-Face Mediation

February 11, 2016/0 Comments/in Divorce, Mediation, Mediation Help //Tags: child custody, child support, collaborative mediation, dissolution of marriage, divorce, face-to-face mediation, marital settlement agreement, mediation, parenting plan, time-sharing, time-sharing scheduleby Adam

I have noticed lately that there is a trend among divorce mediators in Tampa Bay: keep spouses separate from one another. This is known as “caucus”-style mediation, where the spouses are kept in separate rooms from the very beginning of mediation, and the mediator travels back and forth between the rooms relaying information and offers.

There is a good reason why many great mediators prefer caucus-style mediation. As divorce is a highly-emotional process, spouses can set each other off when they are facing one another, and negotiations can descend into argument and cease being productive.

I can see where caucus-style mediation may be appropriate for some families, but it is not my preferred method.

acordover_logo Rather, when I act as the neutral mediator, I prefer to practice face-to-face mediation.

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2016 Collaborative Law Process Act Making Progress in Florida Legislature

February 2, 2016/0 Comments/in Collaborative Divorce, Divorce, Legislative Update //Tags: alimony, child custody, child support, collaborative attorney, collaborative divorce, collaborative family law, collaborative practice, divorce, equitable distribution, parental responsibility, parenting plan, postnuptial agreement, prenuptial agreement, property division, relocation, time-sharing, visitationby Adam

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?

January 4, 2016/0 Comments/in Collaborative Divorce, Divorce, Divorce Court //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, dissolution of marriage, divorce, litigation freezeby Adam

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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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

December 21, 2015/0 Comments/in Divorce, Holidays, Kids //Tags: child custody, child custody case, child custody determination, Florida child custody, Holiday, holiday time-sharing, parenting plan, time-sharing, time-sharing scheduleby Adam

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:

Collaborative Law Process Act Protects Families’ Privacy

[Update: On March 24, 2016, Governor Scott Signed the Collaborative Law Process Act]

Divorce Lawyer Client Review: A Complicated Divorce Goes Collaborative

Do You Need A Divorce Second Opinion?

Top 10 Family Diplomacy Blog Posts of 2015

Number 10

Number 9

Number 8

Number 7

Number 6

A Low Profile Divorce for High Profile People

Primary Care Lawyer

UFC: Comparing Unified Family Courts with Ultimate Fighting Championship

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