If you do a Google search for "Collaborative Mediation," you will get all sorts of results, many of which have nothing to do with one another.  Many articles simply point out the differences between Collaborative Divorce and Mediation (one of my blog posts would be included with this group). Other articles will use the term to be a synonym with Collaborative Divorce, referring to neutral professionals (typically a financial professional and licensed mental health professional) as mediators, even if those professionals have not been trained as mediators.  This seems misleading to me.   Still, other articles use the term to mean a friendly mediation or an interdisciplinary co-mediation where lawyers are optional.  I have concerns about those articles because, despite using the term "collaborative," what they describe is not a Collaborative Law Process as defined by the Florida Statutes or Uniform Collaborative Law Act/Rules.  Again, this is misleading. I recently was at the 12th Annual Conference of the Florida Academy of Collaborative Professionals ("FACP") where I presented on the topic of "Collaborative Mediation: Engaging Mediators in the Collaborative Process."  My co-presenters were Heather McArthur, co-founder and president of Collaborative Professionals of Central Florida and Florida Supreme Court Certified Family Law Mediator,...

Child support in Florida is the financial obligation aimed to provide a fair and consistent means of sharing the costs of raising a child between separated parents. There's a Collaborative Law process that offers an alternative way to address child support matters. This approach emphasizes cooperation, open communication, and prioritizing your child's well-being. In this post, we'll take you through the fundamentals of child support in Florida and the benefits of pursuing child support solutions through the Collaborative Process. CALCULATING CHILD SUPPORT In Florida, you'll find child support guidelines laid out in Florida Statutes §61.30. You'll notice that the calculation takes into account key factors like your income and your partner's income, the number of children involved, and the time each of you spends with them. It's essential to understand that the state utilizes a specific formula incorporating these elements to calculate the exact amount of child support owed.  Though you may deviate from these calculations under certain circumstances, the child support guidelines determine the default amount you can expect to pay or be paid. CONSIDERING YOUR INCOMES Remember, both your incomes play a pivotal role in calculating child support. It's worth noting that not all types of income are...

If you are facing divorce and have done your research, you probably realize how expensive divorce can be.  Not only are you charged for your attorney's time spent engaging in the actual legal work, but it is also common practice for you to be charged for travel time to go to hearings, mediation sessions, or Collaborative Divorce meetings at the lawyer's regular hourly rate.  Further, firms that practice mainly in person incur additional expenses including leasing larger office space, renting additional equipment, and purchasing additional office snacks, drinks, and supplies.  And, of course, those expenses get passed on to you, the client. But what if you were comfortable working with your lawyer through Zoom, telephone calls, e-mails, and other virtual means, and you did not feel the need to meet in person?  Since it ends up costing less for the law firm, shouldn't you get a discount for virtual divorce legal services? (more…)

One of the most painful aspects of the traditional divorce process is that it seems to drag on forever. Clients are hauled through case management conferences, temporary relief hearings, depositions, motion hearings, pre-trial conferences, and, finally, oftentimes years later, trial. But this does not need to be the way you go through one of the toughest times of your life.  There is a quicker way to divorce. (more…)

Divorce can be one of the most turbulent times in your life, and so it makes me feel good when I can help clients gain a sense of empowerment and stability. Lawyer Adam Cordover | Lawyer Divorce In a recent review on Avvo.com, a former client of mine discusses how our firm and the collaborative process helped her take back control of her life. FLORIDA BAR NOTICE:  Please note that every case is different, and that you may not receive the same or similar results. (more…)

More and more people are deciding that they want to avoid the traditional adversarial divorce court system and instead handle their family law matter privately and respectfully via the collaborative process.  In collaborative divorce, each spouse receives independent legal advice from his or her own attorney, and the attorneys are retained solely for the purpose of reaching an out-of-court agreement.  Oftentimes, experts will be brought in to help with parenting or financial issues. As collaborative divorce is becoming more popular and since Florida Governor Rick Scott signed the Collaborative Law Process Act in March 2016, more attorneys who are steeped in the old system of divorce court are now advertising that they offer collaborative services.  The issue is that the skillset needed to successfully help clients reach dignified agreements in collaborative practice is very different than the skillset needed to be an aggressive trial lawyer. Below are four questions you should ask any attorney you are interviewing to possibly represent you in the collaborative divorce process. (more…)

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...

I strongly suggest that any person who is in the initial stages of a Florida divorce consider engaging in the collaborative process from the very beginning.  This simply means that each spouses hires an attorney solely for the purpose of helping them reach a divorce agreement. The attorneys are contractually prohibited from wasting time and money on preparing for trial (90% or so of all divorce cases settle, yet millions and millions of dollars are spent each year preparing for a trial that rarely happens).  Discussions are held in a private, respectful, and transparent atmosphere, and other professionals are brought in as needed to tend to the parties' financial and emotional needs. But some clients are resistant to the collaborative process because of perceived cost issues or they feel they need to have a gunslinger to take out their spouse.  And many attorneys will not engage in the collaborative process because litigation work is pretty profitable or they have not invested the time and money in taking an introductory collaborative training. And so there are plenty of divorce battles going on in the Florida court system.  It is not uncommon for those battles to go on for two, three, four, or more years, and for the parties to...

If you are in a family law matter involving a servicemember, you will encounter some unique issues to which you must pay special attention. Residency Requirement Generally, one party to a divorce must have been a resident of Florida for at least six months prior to filing.  However, there is an exception for servicemembers.  A servicemember (or his or her spouse) who is not currently in Florida may petition for divorce in Florida if he or she (i) was a Florida resident prior to entering the military and (ii) never established a permanent residence elsewhere.  Even if the military member had not lived in Florida prior to entering the service, he or she may still be able to file for divorce in Florida if he or she is deployed but has an intent to remain a permanent Florida resident.  Such intent may be evidenced by the following: (i) Florida voter registration; (ii) ownership of a Florida home; or (iii) registration of a vehicle in Florida. Servicemembers Civil Relief Act Many of the military issues in a divorce stem from the Servicemembers Civil Relief Act (the "SCRA").  The SCRA was signed into law in 2003 and updated and replaced the Soldiers and Sailors'...