How do I get divorced?
Divorce, also known as dissolution of marriage, can be a difficult time in any person’s life. You may have questions regarding issues involving your children, such as custody (now referred to as time-sharing), decision-making authority, and child support. Further, you want to ensure that your property rights are secured. You may also want to know whether there are special considerations for a military divorce or an uncontested divorce. It is important to have a family law attorney who will advise you of your rights and listen to your needs.
Family Diplomacy recommends that any person going through divorce strongly consider utilizing the Collaborative Divorce process.
How does it work?
How does it work?
Five Stages of Grief In Divorce
In 1969, a Swiss psychiatrist, Elizabeth Kubler-Ross, published a book in which she described the five stages of grief experienced by terminally-ill patients. This work was later expanded to help explain the emotions of people who have lost a loved one and others experiencing personal loss, such as spouses going through divorce. Divorce is a trauma, and anyone going through this trauma may be helped by speaking with a counselor or therapist. Additionally, you should consider whether the collaborative family law process may be helpful to your family, as it is a private form of dispute resolution that generally involves a neutral facilitator, who usually has a mental health background. This is in recognition that divorce is not just a legal matter, but also a highly emotional matter. Regardless, below are the five stages of grief you may experience if you are going through divorce: (more…)
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Podcast: Comparing Collaborative Divorce and Mediation
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. (more…)
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The traditional divorce process
Divorcing Wealthy in Florida
What is the best way to end up wealthy after divorce? It is by being even wealthier before divorce. The truth is that divorce is not cheap. But there are things that you can do to help preserve your wealth even if your marriage is ending. Retain a Neutral Financial Professional One of the biggest challenges when going through divorce is that one spouse typically knows more about the family finances than the other spouse. If you are the spouse with the knowledge, this can be frustrating because you feel you are making reasonable proposals that would benefit your spouse, and yet your spouse is outright rejecting them or refuses to make a decision, costing your family even more time and money. If you are the spouse without knowledge of the family finances, you feel like your spouse is trying to control you by badgering you to agree to their proposal, but how can you even make a decision that could have disastrous consequences for your long term financial future? This is where a Neutral Financial Professional comes in. (more…)
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Defining “Collaborative Mediation”
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,...
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Child Support in Florida
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...
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Can I Get A Discount For Virtual Divorce Legal Services?
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…)
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A Quicker Way To Divorce – Quickie Divorce
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…)
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Divorce Lawyer Reviews: “I felt empowered and more in control of my life and my divorce.”
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…)
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Four Questions to Ask a Collaborative Divorce Lawyer
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…)
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Collaborative Divorce Divorce Divorce Process Family Law News Family Lawyer Reviews / Testimonials LGBT Family Law Matters
Divorce Lawyer Client Review: A Complicated Divorce Goes Collaborative
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...
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Freezing High Conflict Divorce Litigation for the Collaborative Process
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...
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Special Issues in Military Divorce
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'...
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Collaborative divorce - a healthier way
LGBTQ+ Friendly Family Law Firm in Florida
If you are a member of the LGBTQ+ community in Florida, you might have found yourself wondering about the best path forward when it comes to family law matters. We get it—navigating the legal landscape can be confusing and overwhelming, and now is not the time for a lawyer to judge you or your family. But fear not! At Family Diplomacy, we've got your back. Our mission is to provide you with an open, friendly, and supportive environment as we work together to tailor LGBTQ+ Family Law solutions that perfectly suit your unique needs. And we help families throughout the State of Florida. Crafting Harmony through Collaborative Family Law Picture this: you've got personal family matters to resolve, but you're dreading the thought of entering a public adversarial court system. Guess what? You don't have to go that route. Family Diplomacy recommends a much more peaceful alternative for Florida and Tampa Bay LGBTQ+ spouses and partners: Collaborative Family Law. Here's the scoop: in this process, attorneys are on board solely to help you reach private resolutions. We're actually barred from fighting before a judge. Plus, there's a facilitator—usually a trained mental health professional—who's there to keep everyone focused on what's...
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Short Video: Can A Divorce Be Collaborative?
We at Family Diplomacy are a Collaborative Law Firm serving clients virtually throughout Florida and with offices in Tampa, Saint Petersburg, and Sarasota. We get asked all of the time whether a divorce can even be Collaborative. This short video (about 3 minutes in length) attempts to answer that question. You can find a transcript of the video below: (more…)
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Top 5 Reasons to Choose Collaborative Divorce
Divorce is difficult, but not all divorces are created equally. Here in Tampa Bay and Greater Sarasota, more and more people are choosing to resolve their family law issues via the collaborative process. Collaborative divorce is a method of dispute resolution where the spouses agree from the beginning that they are each going to retain attorneys who will work as settlement specialists and who will not engage in court battles. (more…)
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Best Way to Divorce in Tampa Bay
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. (more…)
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How to Avoid a Nasty Divorce Battle in Tampa Bay
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...
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Mediation - What is it and how can it help me?
What Is Co-Mediation?
Many people who are getting divorced want to reach an agreement with their spouse, but they need some help to do so. Though non-adversarial options such as collaborative practice allow those who need more support to each have their own attorney to provide them advice, not everyone wants to be represented by an attorney. For those people, co-mediation may be a perfect option. And Family Diplomacy is proud to be one of the leading firms in Tampa Bay to offer co-mediation services. (more…)
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Face-to-Face Mediation
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. Rather, when I act as the neutral mediator, I prefer to practice face-to-face mediation. (more…)
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Do we have to go to court?
Do we have to go to court?
Do You Need A Divorce Second Opinion?
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. (more…)
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What Your Florida Divorce Lawyer May Not Be Telling You
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. (more…)
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What can we do to keep our divorce private?
Divorcing Wealthy in Florida
What is the best way to end up wealthy after divorce? It is by being even wealthier before divorce. The truth is that divorce is not cheap. But there are things that you can do to help preserve your wealth even if your marriage is ending. Retain a Neutral Financial Professional One of the biggest challenges when going through divorce is that one spouse typically knows more about the family finances than the other spouse. If you are the spouse with the knowledge, this can be frustrating because you feel you are making reasonable proposals that would benefit your spouse, and yet your spouse is outright rejecting them or refuses to make a decision, costing your family even more time and money. If you are the spouse without knowledge of the family finances, you feel like your spouse is trying to control you by badgering you to agree to their proposal, but how can you even make a decision that could have disastrous consequences for your long term financial future? This is where a Neutral Financial Professional comes in. (more…)
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Collaborative Law Process Act Protects Families’ Privacy
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: (more…)
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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. (more…)
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Florida Divorce, Financial Affidavits, and Privacy
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. (more…)
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What documents need to be filed?
Florida Family Law: Mandatory Disclosure
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...
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Filing a Florida Family Law Case
The Supreme Court of Florida provides the following information on filing a family law case in Florida: Filing a case. A case begins with the filing of a petition. A petition is a written request to the court for some type of legal action. The person who originally asks for legal action is called the petitioner and remains the petitioner throughout the case. A petition is given to the clerk of the circuit court, whose office is usually located in the county courthouse or a branch of the county courthouse. A case number is assigned and an official court file is opened. Delivering the petition to the clerk’s office is called filing a case. A filing fee is usually required. (more…)
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Florida Divorce – Time to Respond to a Petition
It is important for every person who is served with a Florida petition for dissolution of marriage to respond to the petition in a timely manner. The petition, which sets out what a person wants a judge to do (such as dissolve the marriage, rule on custody, order child support, and divide marital property and debt), is generally personally served by a sheriff's deputy or other authorized process server. Once served, the respondent has 20 days to provide an answer to the petition and agree or disagree with the petitioner's requests and allegations. (more…)
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Limited Representation: A Cost-Effective Family Law Option
As the economy went south, everyone sought options to trim his or her budget. Some people skipped Starbucks and began brewing their own coffee. Others found creative ways to recycle their grocery bags. Still others completely transformed their driving habits to achieve better gas mileage. But one pronounced trend in the legal community has been the amount of people who decided to represent themselves in family court. Unfortunately, there are often consequences to a party's decision to save money and appear pro se (represent him or herself). I have had many litigants come into my office after attempting to proceed with no legal counsel and finding that (a) their case had been dismissed or they face contempt of court because they did not follow proper procedure, (b) they wasted their hard-earned dollars on unnecessary fees and "money saver" programs that became obsolete once the opposing party began contesting the matter, and/or (c) their case has dragged on because they did not know how to bring their matter to conclusion. But, alas, not everyone can afford an attorney to fully represent them. Thankfully, Florida Family Law Rule of Procedure 12.040 provides a cost-effective option: limited representation, also known as unbundled legal services. (more…)
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My spouse and I are getting along. How can we do this faster at less cost?
How can we do this faster at less cost?
What Is Simplified Dissolution of Marriage?
Are you a spouse in Florida who is simply looking for a divorce? Do you not have any minor children in common with your spouse? Do you both agree that there are no alimony or child support issues to deal with? Are all of your marital assets and debts already divided? If so, you may be eligible for Florida's Simplified Dissolution of Marriage. Basics of Simplified Dissolution of Marriage Simplified Dissolution of Marriage is meant to be a quick and easy way to divorce. It is authorized by Rule 12.105 of the Florida Family Law Rules of Procedure. Most people going through divorce do not qualify for a Simplified Dissolution of Marriage. If you and your spouse meet the following criteria, then you may qualify: You and your spouse do not have any minor or dependent children in common; Neither your nor your spouse are pregnant; Either you or your spouse has resided in Florida for at least six months prior to filing for divorce (only one spouse is required to have been a resident of Florida); Both of you agree that your marriage is irretrievably broken and cannot be fixed (by, for example, having the judge order you to...
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Florida Greenlights Online Notarization
We lawyers love paper. Look at any lawyer's desk and you will likely see reams and reams of paper, many of which require notarization. But, more and more, this is becoming a paperless world. In fact, courts and clerks of court have recognized this reality with the advent of Florida's e-filing portal. In this way, paper documents that used to be required to be couriered or mailed to a court can now be submitted electronically. Yet, notarization still tends to be done with paper copies, with a party having to appear in person in front of a notary public. This will all change with the enactment of Florida HB 409 which provides for Registration and Authority for Online Notarization. Below is a summary analysis of the bill from the House of Representatives: Summary Analysis CS/CS/HB 409 passed the House on April 24, 2019, and subsequently passed the Senate on May 2, 2019. Certain documents require a notary public’s presence and signature. Current law prohibits a notary from notarizing a signature if the party executing the document is not in the notary’s physical presence at the time of signature. A will is a legal document used to designate the distribution of...
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What Is The Least Expensive Way To Divorce In Tampa Bay?
PLEASE NOTE THAT THIS ARTICLE WAS WRITTEN IN 2016 AND THE HOURLY RATES BELOW DO NOT REFLECT OUR CURRENT RATES You have probably heard of divorce horror stories where couples have suffered for years entrenched in court battles and spent hundreds of thousands of dollars or more. Fortunately, this is more the exception than the rule, but still, divorce usually is not cheap. It is a process, and there are raw emotions involved, but there are methods that can cost more or less. So what is the least expensive way to divorce? (more…)
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Collaborative Divorce Consultation: I Will Meet With Both Spouses
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...
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Can we do mediation without lawyers?
Full Service Pro Se Mediation For Less Than $3,500
If you are going through divorce, you should retain an attorney. Only an attorney can provide you with legal advice that serves your interests. However, many people, for whatever reason, choose not to hire a lawyer. And yet, they need help reaching an agreement and filling out all the appropriate paperwork. For those people, Family Diplomacy offers Pro Se Mediation, also known as mediation without lawyers. In Pro Se Mediation, Adam B. Cordover will serve as a neutral mediator to help you and your spouse reach an agreement. As Adam is not acting as a lawyer, he cannot provide legal advice to either spouse. Pro Se Mediation is a private and cost-effective method to resolve issues related to divorce, and it can be done for a total cost of less than $3,500. Here is how: (more…)
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Divorce Without Lawyers – A Mediation Option in Tampa Bay
If you are going through divorce, you should have a lawyer. Divorce is one of life's traumatic moments, and it is smart to have a steady hand to advise you during uncertain times. However, you don't need to have a lawyer to get divorced. You have the option of going through pro se mediation (mediation without legal representation). (more…)
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If we already know what we want, can you just write up the agreement?
How to Smartly Negotiate Your Divorce
Divorce is undoubtedly one of life's most challenging experiences, requiring emotional resilience and practical decision-making. When navigating the complex terrain of divorce negotiations, a strategic and smart approach can make all the difference. In this blog post, we'll explore three key principles to help you smartly negotiate your divorce and pave the way for a more amicable and satisfactory resolution. Focus on the Big Things, Not the Small Things It's easy to get caught up in the minutiae of divorce proceedings, arguing over every detail from who gets the newly purchased air fryer to who keeps the television. However, a smart negotiator knows the importance of focusing on the big picture. Prioritize the key issues that will significantly impact your post-divorce life, and don't sweat the small stuff. Consider the division of larger assets, child support, alimony, and child custody as primary areas of focus. By concentrating on these critical aspects, you'll streamline the negotiation process and avoid unnecessary emotional turmoil over trivial matters. Remember that keeping your eye on the big picture is key, and being willing to let go of smaller items can lead to a more expedient and less emotionally taxing divorce. (more…)
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Need Help Filling Out Florida Family Law Forms?
There are many people facing divorce and other family law issues who have decided that, to the extent possible, they want to represent themselves (in legal parlance, this is known as acting "pro se"). In recognition of this, the Florida Supreme Court has approved family law forms to streamline the process of representing oneself. However, even the most savvy among us, if they have not had legal training, can find the task of facing and filling out 100+ pages in forms to be daunting. So what do you do if you want to proceed pro se and not have to pay for a full-time attorney, but still need some help and advice filling out the Florida Supreme Court-approved Family Law Forms? (more…)
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Will you review my documents?
Florida Family Law: Mandatory Disclosure
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...
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Filing a Florida Family Law Case
The Supreme Court of Florida provides the following information on filing a family law case in Florida: Filing a case. A case begins with the filing of a petition. A petition is a written request to the court for some type of legal action. The person who originally asks for legal action is called the petitioner and remains the petitioner throughout the case. A petition is given to the clerk of the circuit court, whose office is usually located in the county courthouse or a branch of the county courthouse. A case number is assigned and an official court file is opened. Delivering the petition to the clerk’s office is called filing a case. A filing fee is usually required. (more…)
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Florida Divorce – Time to Respond to a Petition
It is important for every person who is served with a Florida petition for dissolution of marriage to respond to the petition in a timely manner. The petition, which sets out what a person wants a judge to do (such as dissolve the marriage, rule on custody, order child support, and divide marital property and debt), is generally personally served by a sheriff's deputy or other authorized process server. Once served, the respondent has 20 days to provide an answer to the petition and agree or disagree with the petitioner's requests and allegations. (more…)
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Limited Representation: A Cost-Effective Family Law Option
As the economy went south, everyone sought options to trim his or her budget. Some people skipped Starbucks and began brewing their own coffee. Others found creative ways to recycle their grocery bags. Still others completely transformed their driving habits to achieve better gas mileage. But one pronounced trend in the legal community has been the amount of people who decided to represent themselves in family court. Unfortunately, there are often consequences to a party's decision to save money and appear pro se (represent him or herself). I have had many litigants come into my office after attempting to proceed with no legal counsel and finding that (a) their case had been dismissed or they face contempt of court because they did not follow proper procedure, (b) they wasted their hard-earned dollars on unnecessary fees and "money saver" programs that became obsolete once the opposing party began contesting the matter, and/or (c) their case has dragged on because they did not know how to bring their matter to conclusion. But, alas, not everyone can afford an attorney to fully represent them. Thankfully, Florida Family Law Rule of Procedure 12.040 provides a cost-effective option: limited representation, also known as unbundled legal services. (more…)
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How long does a divorce take?
Which process is the best?
Divorcing Wealthy in Florida
What is the best way to end up wealthy after divorce? It is by being even wealthier before divorce. The truth is that divorce is not cheap. But there are things that you can do to help preserve your wealth even if your marriage is ending. Retain a Neutral Financial Professional One of the biggest challenges when going through divorce is that one spouse typically knows more about the family finances than the other spouse. If you are the spouse with the knowledge, this can be frustrating because you feel you are making reasonable proposals that would benefit your spouse, and yet your spouse is outright rejecting them or refuses to make a decision, costing your family even more time and money. If you are the spouse without knowledge of the family finances, you feel like your spouse is trying to control you by badgering you to agree to their proposal, but how can you even make a decision that could have disastrous consequences for your long term financial future? This is where a Neutral Financial Professional comes in. (more…)
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Defining “Collaborative Mediation”
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,...
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Child Support in Florida
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...
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Can I Get A Discount For Virtual Divorce Legal Services?
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…)
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A Quicker Way To Divorce – Quickie Divorce
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…)
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Divorce Lawyer Reviews: “I felt empowered and more in control of my life and my divorce.”
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…)
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Four Questions to Ask a Collaborative Divorce Lawyer
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…)
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Divorce Lawyer Client Review: A Complicated Divorce Goes Collaborative
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...
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Freezing High Conflict Divorce Litigation for the Collaborative Process
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...
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Special Issues in Military Divorce
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'...
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Once an agreement is written and signed, how soon can I get in front of a judge?
Do You Need A Divorce Second Opinion?
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. (more…)
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What Your Florida Divorce Lawyer May Not Be Telling You
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. (more…)
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What can I do to speed up my divorce?
What Can I Do To Reduce The Costs Of My Florida Divorce?
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. (more…)
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Is A Tampa Bay Collaborative Divorce Quicker Than A Courtroom Divorce?
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...
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A Tampa Collaborative Divorce Can Save You Money | via FamilyBlawg
I recently had an article published at FamilyBlawg.com: A Tampa Collaborative Divorce Can Save You Money | FamilyBlawg. Below is an excerpt: Though the collaborative process may not be the cheapest in all cases, it has a substantial opportunity to save you money as compared to the courtroom battles we have all come to associate with divorce. First, child issues, such as custody schedules and decision-making authority, are some of the most emotional and costliest issues in family law matters. Lawyers in courtroom cases tend to prepare interrogatories (questions) to be answered under penalty of perjury, set depositions, conduct opposition research to put the other spouse in the worst possible light, and prepare for trial. Attorneys’ invoices pile up along each stage of this process. Alternatively, these fees and costs can be greatly reduced in the collaborative process where facilitators, who usually are licensed mental health professionals, can cut through the clutter of emotionally-charged issues and bring the clients (and lawyers) to focus on the future and best interests of the children. (more…)
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