Family Law

The traditional divorce model pits husband versus wife, mother versus father. Collaborative Law is a refreshing team-oriented alternative. Each client retains a separate attorney whose job is to counsel the client and help resolve disputes. The attorneys work together to help both clients meet their needs. Open communication is advanced by a trained facilitator, while support and property options are developed by a neutral financial professional. The clients, attorneys, and other team members agree beforehand that the matter will not be brought into the court system until a full agreement is reached.

CREATIVE SOLUTIONS TO FAMILY MATTERS

The Collaborative Process allows for flexible, creative solutions to a family law matter. The team explores options that look beyond a legal framework by incorporating the skills and expertise of the facilitator and financial professional. Clients are encouraged to focus on the best interests of their family, rather than rigid negotiation positions, to reach their goals. In the unlikely event that a settlement is not reached, the Collaborative attorneys withdraw and litigation lawyers may be retained. The knowledge that the Collaborative attorneys cannot bring the case in front of a judge further permits the parties to speak openly about potential settlement options (and frees attorneys from conducting exhaustive, costly opposition research).

BREAKING NEWS: Florida Same Sex Couples Sue to Overturn State DOMA

/0 Comments/in //Tags: , , , , , , , , , by

According to the Tampa Bay Times, six same sex couples in Florida are suing to overturn Florida’s Defense of Marriage Act (“DOMA”).  The couples claim that DOMA, which defines marriage as a union between one man and one woman and establishes that Florida will not recognize same sex marriages performed in other states or territories, violates their equal rights under the Constitution of the United States.

This suit comes on the heals of successful lawsuits in Utah and Oklahoma which overturned those states’ same sex marriage bans.  This also comes in the wake of the U.S. Supreme Court case of U.S. v. Windsor, which struck down portions of the Federal DOMA but left state DOMAs intact.

Related:  Five Legal Steps Florida LGBT Parents Should Take

Florida’s DOMA, contained in Florida Statutes section 741.212, reads as follows:

(1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state.

Collaborative Divorce Comes To Sarasota & Manatee Counties

/0 Comments/in , //Tags: , , , , , , , , , , , , , , by

From Brian Pope, MBA, CDFA, and Cindy Barry, Esq.:

I am extremely pleased to announce that there is a new group in town!  The “Next Generation Divorce” group for the Twelfth Judicial Circuit has been formed as an expansion of “Next Generation Divorce” of Tampa Bay.

Next Generation Divorce

As the President of the Twelfth Judicial branch of the Next Generation Divorce group (Cindy Barry, not me), it is my sincere pleasure to extend an invitation to the bench and Bar of the Twelfth Judicial Circuit to attend a free presentation on collaborative law on February 6, 2014, from 4:30 p.m. to 6:30 p.m.  in the Palm Room at the Sarabay Country Club located at 7011 Willow Street, Sarasota, Florida, 34243.  There will be a variety of complimentary Hors d’Ouerves and a cash bar available for libations.

Our guest speaker is the President of the Tampa Bay area “Next Generation Divorce”, Mr. Adam Cordover, Esq.   He will be sharing the successes of the collaborative law practices in the greater Tampa Bay area and answering questions on how to incorporate collaborative law into your practice.   Of course, there will be a social hour immediately following the presentation.

It is an exciting time as “Next Generation Divorce” is an active and professional group of Attorneys, Mental Health Professionals and Financial Professionals that have been collaboratively trained to help remove court cases from the traditional Court system.  You can visit our website at www.nextgenerationdivorce.com.

Read more →

Beginning Anew Collaboratively – Florida’s First Pro Bono Collaborative Divorce

/0 Comments/in , //Tags: , , , , , , , , , by

Not all divorcing spouses want to engage in nasty court battles.

Such is the case of Tyler Nelson and Pamela Burton, who decided to end their marriage on an amicable basis without consuming years in costly and contentious litigation.  They decided to use a form of private dispute resolution known as collaborative divorce for their child’s sake, under the tutelage of trained professionals, to forge a new and different bond as co-parents for the rest of their lives.

And, on September 20, 2013, they will set a precedent as the first pro bono collaborative divorce ever completed in the state of Florida.

Adam B. Cordover, Esq., Vice President of the Collaborative Divorce Institute of Tampa Bay (“CDITB”), represented Tyler.  Joryn Jenkins, Esq., co-chair of the Hillsborough County Bar Association Collaborative Law Section Pro Bono Committee and CDITB Executive Board Member represented Pamela.  Jennifer L. Mockler, Ph.D., served as the collaborative team’s neutral facilitator, and Monica Ospina, CPA, served as Pamela and Tyler’s neutral financial professional.

Read more →

PRESS RELEASE: Tampa’s Chief Judge Signs Administrative Order on Collaborative Divorce

/2 Comments/in , , //Tags: , , , , , , , , by

“They call it Collaborative Divorce.  It’s apparently all the rage right now.”  Jason Bateman’s character spoke these lines in the 2007 hit Juno, and now the practice has come to Tampa.

On July 31, 2012, Chief Judge Manuel Menendez, Jr., of the Thirteenth Judicial Circuit of Florida signed an administrative order regulating collaborative family law practice in Hillsborough County.  The administrative order is just the fourth such order in the State of Florida.  The other circuits regulated by a collaborative family law administrative order are the Ninth Circuit (Orlando and Osceola Counties), the Eleventh Circuit (Miami-Dade County), and the Eighteenth Circuit (Brevard County).

According to Attorney Adam B. Cordover, “Hillsborough County’s collaborative law administrative order will bring more public awareness and certainty to this new and revolutionary form of family law practice.” Adam is a member of the task force that drafted and proposed the order and is also on the Executive Board of the Collaborative Divorce Institute of Tampa Bay, which promotes collaborative practice for divorce and all other types of family law matters.

Collaborative practice (which is variously referred to as collaborative divorce, collaborative law, collaborative model, or collaborative process) is a relatively new form of alternative dispute resolution which takes divorce and other family law cases out of the public courtroom and into a private office.

Each party hires a collaboratively trained attorney and agrees from the very beginning to resolve personal and financial disputes without having a judge decide the outcome.

A neutral facilitator (who is often a trained mediator, psychologist, or other licensed mental health professional) is brought on board to ensure that discussions focus on the future of the family unit rather than the arguments of the past.  Additionally, the facilitator will ensure that discussions center around the interests of the parties (for example, “our child should go to a good school”) rather than on positions of the parties (for example, “our child must go to this particular school, or else…”).

A neutral accountant or other financial advisor may be brought on board when there are homes, businesses, mutual funds, or other assets that need to be divided.  The financial advisor will also come up with creative solutions for debt division, child support, and ongoing needs of the spouses.

According to financial professional David Harper, CPA, ABV, PFS, CFF, CBA, “Studies show that financial disputes are consistently the number one reason for divorce.  The collaborative divorce process promotes the honest exchange of all pertinent financial information so that each spouse has a comprehensive understanding of the financial aspects involved.  Because of this, the collaborative process often results in a settlement involving less money, less time, and less of an emotional toll on the spouses and their children than the traditional litigation process.”  Harper is an Executive Board member of the Collaborative Divorce Institute of Tampa Bay and devotes nearly his entire practice to providing sound financial advice to families in the midst of divorce.

Collaborative practice has been gaining steam as a more sensible approach to divorce, and even celebrities are catching on.  Famous individuals who have utilized the collaborative process include Madonna, Robin Williams, and Cameron Crowe.

One of the lynchpins of collaborative practice is that, if the parties are unable to settle their differences and insist on going to court, their attorneys must withdraw, and new counsel may be retained.  Attorney Beth Reineke believes “This means divorcing parties are more committed to the settlement process and less likely to choose litigation if the road gets bumpy during negotiations.”  Reineke is a board certified emeritus family lawyer who has chosen not to litigate.  As president of the Collaborative Divorce Institute of Tampa Bay, she either mediates with couples pre-suit or collaborates with the clients she represents.

More information on collaborative family law practice can be obtained from the Collaborative Divorce Institute’s website at http://www.CollaborativeDivorceTampaBay.com.

Chief Judge of Hillsborough County Endorses Collaborative Model in Administrative Order

/0 Comments/in , , //Tags: , , , , , , , , by

Tampa’s Chief Judge Manuel Menendez has signed Administrative Order S-2012-041 endorsing the collaborative model of alternative dispute resolution for divorce and other family law cases in Hillsborough County.  From the administrative order:

The Florida Supreme Court recognized that family cases needed “a system that provided nonadversarial alternatives and flexibility of alternatives; a system that preserved rather than destroyed family relationships;…and a system that facilitated the process chosen by the parties.”  In re Report of the Family Law Steering Committee, 749 So. 2d 518, 523 (Fla. 2001).

The Florida Supreme Court’s acceptance of recommendations for a model family court is consistent with the principles of the collaborative practice model because the collaborative process empowers parties to make their own decisions guided and assisted by counsel in a setting outside of court.  The Thirteenth Judicial Circuit supports the philosophy that the interdisciplinary collaborative model may be a suitable alternative to full scale adversarial litigation in family law cases if the parties agree to such a model.

Read more →

Tampa’s Head Family Law Judge Endorses Collaborative Process

/0 Comments/in , , //Tags: by

Judge Catherine M. Catlin, Associate Administrative Judge of the Thirteenth Judicial Circuit’s Domestic Relations Division, recently lead a round table discussion sponsored by the Collaborative Divorce Institute of Tampa Bay (“CDITB”). Judge Catlin relayed, among other things, that she encourages clients to participate in private alternative dispute resolution methods such as collaborative practice.

2012-07-12 Judge Catlin and CDITB Board

From L to R: Bob Evans, Christine Hearn, Adam B. Cordover, Judge Catherine M. Catlin, Beth Reineke, Lara Davis, David Harper

Collaborative practice (also known as collaborative family law, collaborative process, and collaborative divorce) is a method of resolving disputes where the parties agree that they are not going to bring their case in front of a judge to decide issues of custody, division of assets, etc. Instead, they hire trained collaborative attorneys committed to reach a settlement. A neutral facilitator or mental health professional is retained to move the process forward and keep the parties focused on the future of the family and children rather than on the arguments of the past. A neutral financial expert is often brought on board to develop settlement options that make sense for the family’s financial well-being.

Read more →

Team Cordover Runs the Hillsborough County Bar Association’s Race to the Courthouse

/0 Comments/in //Tags: , , , , by

On March 24, 2012, I was joined by friends and family to run Hillsborough County Bar Association’s Race to the Courthouse 5K as “Team Cordover.”  The race began at Stetson University’s Tampa campus and benefitted pro bono services throughout Hillsborough County.

Team Cordover at the HCBA 5K Race

Front Row, L to R:  Jake Biller, Marcy Biller, Jamie Gomez, Kasey Biller, Laurie Strauss, Jenn Ryerson, and Mike Biller

Back Row, L to R:  T.J. Reese, George Melendez, Adam B. Cordover, Troy Finney, Nikki Finney, and Jacob Finney

I am especially proud of T.J. Reese, Jake Biller, and Jacob Finney.  These Team Cordover members swept the category of males age 15-19, placing in first, second, and third place, respectively.

L to R:   Jake Biller, T.J. Reese, and Jacob Finney

Read more →

Appellate Judges Discuss Collaborative Divorce in Meeting of Hillsborough and Pinellas Family Law Attorneys and Judges

/1 Comment/in , //Tags: , , , , , , , , , , , , , , , , , by

I recently had the opportunity to attend a joint meeting of the Tampa Bay Family Law Inn of Court and Pinellas County’s Canakaris Inn of Court.  The guest speakers were three judges from Florida’s Second District Court of Appeals:  Chris Altenbernd, Edward C. LaRose, and Robert Morris.  I had the opportunity to discuss collaborative divorce with the appellate judges.  The following excerpt of a Collaborative Divorce Institute of Tampa Bay article describes a portion of the meeting and my discussions:

 Judge Chris Altenbernd (who served as chief judge from 2003-2005) observed that, by the time divorce and paternity cases reach the appellate level, both parties have almost invariably already lost:

“You have families that are being torn apart, and the parties are arguing often for the sake of arguing, not putting children’s issues and the families’ financial future first.”

Judges Edward C. LaRose and Robert Morris agreed.

The Second D.C.A.'s Judge Chris Altenbernd and CDITB Membership Chair Adam B. Cordover Discuss Collaborative Divorce (April 4, 2012)

The Second D.C.A.’s Judge Chris Altenbernd and CDITB Membership Chair Adam B. Cordover Discuss Collaborative Divorce (April 4, 2012)

Judge LaRose then asked the attorneys in the audience whether collaborative practice was being utilized in Pinellas and Hillsborough counties. Collaborative Divorce Institute of Tampa Bay membership chair Adam B. Cordover answered their question. “The practice of collaborative family law is growing in Tampa Bay. Last year, the Collaborative Divorce Institute of Tampa Bay provided training to instruct more attorneys, mental health professionals, and financial experts on how to handle collaborative divorce cases in a way that is private, individually-tailored, respectful, and takes into account the best interests of any children involved.  In short, we collaborative professionals are carrying out the ideal of ‘therapeutic jurisprudence.’”

Judge Altenbernd later relayed to Mr. Cordover that he supports the collaborative process, especially in divorce cases where issues of child custody and parenting plans are involved.  ”I just think more people need to seriously consider the family-focused process of collaborative divorce rather than fight it out in the court system.”

Attorney Adam B. Cordover has completed advanced training in interdisciplinary collaborative family law.  He is on the Board of the Collaborative Divorce Institute of Tampa Bay and is a member of the International Academy of Collaborative Professionals.

If you have questions regarding collaborative divorce and you wish to speak with a Tampa Bay collaborative attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or by completing our online form.

Press Release: The Family Law Inn of Court of Tampa Receives National Recognition at the Supreme Court of the United States

/0 Comments/in //Tags: , , , , , by

Press Release from the Administrative Office of the Thirteenth Judicial Circuit of Hillsborough County, Florida.

Released November 7, 2011.

Front Row, Seated L - R: Associate Supreme Court Justice, Sonia Sotomayor, and Judge Caroline Tesche; Standing L- R: Julia Best Chase, Judge Paul Glenn, Russell Blaine, Susan Whitaker, Judge Bernard Silver

Supreme Court Justice Sonia Sotomayor recognized the Family Law Inn of Court of Tampa on November 5, 2011, at an annual event that celebrated the accomplishments of several giants in the legal professions whose achievements epitomize the ideals of the American Inns of Court.  This was no small feat as the Inn launched a campaign to become a Platinum Inn within a single year.

Judge Caroline Tesche, President of the Family Law Inn of Court of Tampa, 2010, perceives this achievement as one that is of great benefit to the parties who appear before her on the bench, asserting that “family law is a contentious area of the law so anytime you have lawyers and judge participating in Inns of Court, it’s of great benefit because it raises the level of the practice of law;” adding, “we apply what we learn.”  Monthly programs generally focus on practical legal skills with an emphasis on ethics, civility and professionalism in the practice of law.  They may include demonstrations, presentations of principles, techniques, as well as relationships involved in the practice of law.  According to the judge, she can often see a difference in lawyers who have participated in Inns of Court because they are not just focused on results for their client but the family, which is contrary to what an attorney would be focused on in a civil proceeding.

Read more →

We’ve Moved On Up to Downtown!

/0 Comments/in /by

I am excited to report that, as of today, my office has moved to downtown Tampa! This move provides us more space to better serve our clients while placing us within minutes of the Edgecomb Courthouse.

I also welcome Michelle Clark, who will be helping out with administrative matters.

Our new address is as follows:

THE LAW FIRM OF
ADAM B. CORDOVER, P.A.
412 East Madison Street, Suite 824
Tampa, FL 33602

Our e-mail address, telephone number, and facsimile number will remain the same.

Made using Google Maps

Made using Google Maps