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General information on dissolution of marriage

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.

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Below are some sample Christmas time-sharing schedules:

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A Low Profile Divorce for High Profile People

December 14, 2015/1 Comment/in Collaborative Divorce, Divorce, Private Divorce //Tags: celebrity divorce, collaborative attorney, collaborative child specialist, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative practice, high profile divorce, Tampa Bay Collaborative Divorceby Adam

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.

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Fortunately, your divorce does not need to be in the public eye.

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Primary Care Lawyer

December 4, 2015/0 Comments/in Divorce //Tags: primary care lawyerby Adam

I recently read a very interesting article by Michael Zeytoonian, a Massachusetts lawyer and mediator, asking a very interesting question: Do you have your primary care lawyer?

Michael opines that while most people have a primary care physician to help direct them for their medical needs, most people at some point will have legal issues and do not know to whom to turn.  He then cites an old adage: “The worst time to hire a lawyer is when you need one.”

Here are some excerpts:

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UFC: Comparing Unified Family Courts with Ultimate Fighting Championship

September 28, 2015/0 Comments/in Collaborative Divorce, Divorce //Tags: collaborative attorney, collaborative divorce, collaborative family law, Collaborative Law, collaborative practice, dissolution of marriage, divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, Unified Family Courtsby Adam

I am a huge fan of the Ultimate Fighting Championship, usually referred to by its initials, UFC.  This comes as a big surprise to those getting to know me, because in my professional life I am dedicated to helping Tampa Bay families peacefully resolve their differences via the collaborative law process.  But there is something about the techniques, the artistry, the competition, the drama of a good fight that keeps drawing me to watch the sport.

And yet, I am not a big fan of another UFC, the Unified Family Courts, at least not as a means to resolve family disputes.  Beginning in 1991, a series of Florida Supreme Court opinions set out to create separate court division for families going through divorce, coordinate actions among the judges, and resolve family law issues in a fair, timely, efficient, and cost-effective method.  Though we have incredible and dedicated judges, clerks, and court staff who try their very best, it is still a very flawed system for helping families move on with their lives.

This post looks to compare these two UFCs.

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Classes for High Conflict Parents in Sarasota & Bradenton

September 11, 2015/0 Comments/in Divorce //Tags: co-parenting, divorce, high conflict divorce, parallel parenting, Parenting Courseby Adam

Every family law attorney has met parents who simply do not seem to get along.  One parent says yes, the other automatically says no.  Mom says the sky is blue, while dad says mom is just plain wrong.

- Family Diplomacy | A Collaborative Law Firm

I strongly encourage parents who have a toxic relationship to attend high conflict diversion classes.  One such class is taught by Shaun Hoyle, who has undergone collaborative training and is the owner of Life Lessons of Manasota, Inc.

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Pope Francis Fast-Tracks Some Catholic Annulments

September 9, 2015/0 Comments/in Divorce //Tags: annul, annulment, divorceby Adam

The Tampa Tribune is reporting that Pope Francis has reformed the process by which many Catholics receive annulments from the church.  The reforms take a process that oftentimes took well over and year and, in many cases, shortens that length down to 45 days.

Pope Francis Korea Haemi Castle 19 (Cropped).Jpg

One of the reforms does a way for the need of an exhaustive investigation when both spouses request the annulment (or neither actively opposes it).

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Receiving Florida Child Support By Direct Deposit

September 8, 2015/0 Comments/in Divorce //Tags: Central Governmental Depository, child support, divorce, income deduction order, income withholding order, paternity, State Disbursement Unitby Adam

If you have minor children and are going through a divorce or paternity matter in Florida, then someone is likely going to have to pay child support to the other parent.  Child support by default is paid through the Central Governmental Depository and State Disbursement Unit, which is a system for the courts to ensure that child support is being paid.

220Px American Cash - Family Diplomacy | A Collaborative Law Firm

Usually, a judge will sign an Income Withholding Order that is sent to the payor’s employer.  The employer will automatically deduct the child support from the payor’s paycheck, and then send the payment to the State Disbursement Unit (“SDU”).  The SDU makes a record of the payment, and then sends the child support payment via debit card to the payee.

But, if you are receiving child support in Florida, you can choose to get it via direct deposit.

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Do You Really Need An “Aggressive” Divorce Lawyer?

September 6, 2015/0 Comments/in Collaborative Divorce, Divorce //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practiceby Adam

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, and family issues should be resolved via the collaborative process in private offices rather than public courtrooms.  And yet, we concede that our approach may not be for everyone.

So, when should you look elsewhere for an “aggressive” divorce lawyer?

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Research: Collaborative Divorce By The Numbers (2010)

August 28, 2015/0 Comments/in Collaborative Divorce, Divorce //Tags: collaborative attorney, collaborative child specialist, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, IACP, International Academy of Collaborative Professionals, Researchby Adam

A few years ago, the International Academy of Collaborative Professionals released the results of a survey of 933 collaborative divorce and family law cases.  Collaborative divorce is a process by which parties, instead of going to court to litigate, agree to a private framework that lends itself to developing more creative options for financial, child custody, and other family issues.  In Florida, oftentimes a neutral facilitator/communication coach and a neutral financial professional are engaged to facilitate and lend their expertise to the process.

Collaborative Practice 2 - Family Diplomacy | A Collaborative Law Firm

The survey was conducted from October  2006 through July 2010, and these results were compiled in the Spring 2012 edition of The Collaborative Review: The Journal of the International Academy of Collaborative Professionals (“IACP Research Regarding Collaborative Practice (Basic Findings)” by Linda Wray, J.D.):

  • 58% of husbands and 59% of wives were between 40 and 54 years old;
  • Over three-quarters of all clients had a 4-year college education or higher;

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Polyamorous “Divorce” in Tampa Bay

August 26, 2015/0 Comments/in Collaborative Divorce, Divorce, LGBT Family Law Matters //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative marriage planning, collaborative mental health professional, collaborative practice, polyamorous divorce, polyamorous relationship, polyamorous separation, Tampa Bay Collaborative Family Lawby Adam

More and more people in the Tampa Bay area and beyond are finding themselves in relationships that do not quite fit the traditional mold.  Many are in long-term romantic relationships with more than one partner, where the other partners are also in romantic relationships with each other.

These relationships are oftentimes referred to as “polyamorous,” or love involving more than 2 people.  Polyamory is not about sex, just as traditional marriage is not about sex, but about the relationship between the partners.

And just as many traditional marriages end in separation, polyamorous relationships can also end in separation.  The problem is that the laws and the court system are not built with polyamorists in mind.

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