General information on dissolution of marriage

Podcast: Comparing Collaborative Divorce and Mediation

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I recently had the opportunity to sit down with Dr. Garin Vick in Tampa, Florida, where we recorded an interview for his podcast show, Divorce without Destruction.  We discussed the similarities and differences between collaborative divorce and mediation.

We talked about how both are forms of private dispute resolution that are better than duking it out in court.  We also discussed how the structure and the process of collaborative divorce and mediation differ, and what it means for families going through or considering divorce.

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Florida Family Law: Mandatory Disclosure

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When you file and serve a petition in a Florida family law case that involves financial issues such as child support, alimony, or the division of property in debts, a clock starts ticking.  Within 45 days of the initial pleadings being served on the respondent, each party is required to provide the other party with a whole host of financial documents and information.

This is what is known as Mandatory Disclosure, and it is governed by Rule 12.285, Florida Family Law Rules of Procedure.

The following are a list of documents that are required to be exchanged:

(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form 12.902(b) if the party’s gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 12.902(c) if the party’s gross annual income is equal to or more than $50,000, which requirement cannot be waived by the parties. The financial affidavits must also be filed with the court. A party may request, by using the Standard Family Law Interrogatories, or the court on its own motion may order, a party whose gross annual income is less than $50,000 to complete Florida Family Law Rules of
Procedure Form 12.902(c).

(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the party or on the party’s behalf for the past 3 years.

(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not been prepared. Read more →

What Your Florida Divorce Lawyer May Not Be Telling You

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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 →

What Can I Do To Reduce The Costs Of My Florida Divorce?

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Going through divorce in Florida can be a very expensive proposition.  No matter which path you choose for your divorce, you are going to be spending money.  However, there are things you can do to reduce your costs.

1.  Agree to the Collaborative Family Law Process

The first thing you and your spouse can do is retain collaboratively-trained attorneys and agree to use the collaborative family law process.  In the collaborative process, you and your spouse each hire separate attorneys for the sole purpose of helping you reach a settlement.  Collaborative attorneys are prevented by contract from engaging in expensive contested courtroom proceedings.  Accordingly, they focus their attention – and your resources – on helping you and your spouse come to an agreement, rather than preparing for trial or playing litigation games.

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Is A Tampa Bay Collaborative Divorce Quicker Than A Courtroom Divorce?

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Whenever a potential divorce client comes to my Tampa office, I always make sure to discuss the various process options for dissolving his or her marriage in Florida.

I discuss the litigation option, where the parties battle it out in a courtroom and let a judge decide how to divide their assets and raise their children.  I discuss the mediation option, a form of alternative dispute resolution where the parties may resolve the entire dispute themselves, but where the parties and their attorneys always leave the option open of going back into courtroom battle mode.

And I discuss the collaborative option, where the spouses, and their attorneys, agree from the beginning that they are not going to let a judge decide personal, private matters such as who is going to tuck their children into bed at night; rather the spouses and their attorneys are going to act like adults, and respectfully and privately come to an agreement on important issues such as how to raise their children.

One of the most frequent questions I am asked when discussing the different divorce methods is which option is the quickest.

Though the timing of each option depends on the ability of the parties to communicate, among other factors, I have found the following to be true in my practice:  All of my Collaborative Divorce cases have been resolved more quickly than any of my litigation or mediation cases.

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Collaborative Divorce Consultation: I Will Meet With Both Spouses

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When prospective divorce clients call in my Tampa office and ask whether both spouses can attend a consultation, they are often relieved to learn that I am willing to meet with both spouses.  I did not always have this policy.  In fact, most Florida divorce attorneys refuse to allow both parties to attend a consultation together.

There is a strict prohibition against an attorney representing both parties to a divorce, and most lawyers want to avoid even the appearance of representing both spouses.

And I, like other attorneys, cannot represent both spouses.  But what I can do is invite divorcing spouses into my office and discuss with them the available process options.  Of course, I will talk with them about traditional litigation, which is the court battle that often comes to mind when people think about divorce.  I will bring up mediation, which is a great form of alternative dispute resolution that allows parties to come to an agreement, but which leaves open the door for their mediation attorneys to engage in detrimental litigation if a full settlement is not reached.

And I will talk about collaborative divorce, which is a voluntary, private process in which the parties and their attorneys agree from the very beginning that they do not want to engage in nasty, public court fights.  In fact, the spouses, who each will have their own individual attorney, sign a participation agreement that states that their attorneys must withdraw if the parties cannot come to an agreement.  Collaborative divorce has a success rate of nearly 90%, so this withdrawal clause hardly ever comes into play, but it allows clients to be open in negotiations without worrying that their spouse’s attorney is keeping an ear open for opposition research to use in trial later on.

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Best Way to Divorce in Tampa Bay

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Let’s face it.  Divorce is a very trying process.  The person to whom you said “I do” now says “I won’t,” and your life is turned upside down.  But you don’t need to make the experience more traumatic by going through a nasty court-based divorce.

It is becoming the opinion of more attorneys and mental health professionals that the best way to go through divorce is via the collaborative process.  Collaborative divorce is a private way of resolving disputes.  Each spouse hires their own attorney who commits to treating both spouses with respect and dignity.  The husband’s attorney advises the husband, and the wife’s attorney advises the wife, but they try to develop options that restructures the family in the least destructive manner possible.  Further, the attorneys are contractually barred from bringing contested issues in front of a judge, so they will not be conducting opposition research or take other tactics which tend to tear families apart.

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Changing Your Tampa Bay Child Support Obligation

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It is a new year, and oftentimes that means many changes.  You may have changed jobs or been laid off from work.  You may have been transferred to a different office, or you may have received a promotion.

Any of these occurrences, or other substantial changes in circumstances, may be the basis for a modification of your Florida child support obligation.

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How to Avoid a Nasty Divorce Battle in Tampa Bay

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When people come to my office for the first time to discuss their Tampa Bay divorce, they are often nervous because they want to end their marriage, but they don’t want to have the knock-down, drag-out court battles that they frequently hear about in the news.  They simply want to resolve their family disputes as quickly, privately, and respectfully as possible, while also ensuring that they do not get the raw end of the deal.

And so many of these spouses are pleasantly surprised when I let them know that there is an option which fits all of these criteria: collaborative divorce.

The first and most important defining feature of collaborative divorce is that the parties each have their own attorney, and everyone agrees that they will not let a judge decide disputed issues.  In fact, the attorneys are contractually barred from filing any contested motions or bringing matters that have not yet been agreed upon before a judge.  This means that the parties and their attorneys will not be trying to tear each other down in a public forum and say things that cannot go unsaid.  Rather, they meet in private offices on the parties’ schedules and agree that all discussion held in the meetings will be confidential until a comprehensive settlement is reached.

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Florida Divorce, Financial Affidavits, and Privacy

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In almost any Florida family law matter that involves financial issues, such as child support, alimony, division of property and debt, or attorney’s fees, parties are required to exchange and file Florida Family Law Financial Affidavits.  Financial Affidavits outline each party’s source(s) of income, as well as expenses, assets, and liabilities.

And, when they are filed, they become part of the public record, accessible by anyone.

Most people, for any number reasons, do not want their financial profile to become public.  And yet, when people go through the traditional litigated divorce, that’s exactly what happens.

But it does not need to be that way.

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