Tag Archive for: collaborative attorney

Why LGBTQ+ Professionals Choose Collaborative Divorce in Florida

As an LGBTQ+ professional, you may already be carrying the weight of navigating a world that does not always recognize or protect your family the way it should. Whether you are “out” or prefer to keep parts of your personal life private, these times can feel especially heavy. Sadly, you may feel like many LGBTQ+ families today—under attack—whether from unfair legislation, social judgment, or even your own community.

When you are going through a divorce, the last thing you need is to have your private life, financial matters, or parenting decisions laid bare in a public courtroom. That’s why many LGBTQ+ professionals turn to Collaborative Divorce—a private, respectful, and forward-thinking way to resolve family matters without fighting in court.

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Filing Your Divorce In A Far Away Florida County: Protecting Your Privacy

When you are a professional or public figure, your privacy is priceless. Whether you are a business owner, lawyer, doctor, or executive, or the spouse of someone whose reputation is always under a microscope, you cannot afford to have your personal life become the next topic of office gossip or news headlines. What many people do not realize is that, if you and your spouse agree, you can file for divorce in any county in the state of Florida—not just where you live or work.

This option can be especially valuable if you live or work in a high-profile area like Tampa, St. Petersburg, or Sarasota. Filing in a different county—perhaps one where neither of you has a professional presence—can make it much harder for others to easily find your case. A simple agreement on venue can help you avoid having your personal and financial details sitting in a local public courthouse where people recognize your name.

Keeping Financial and Private Details Out of Public Court File

Even better, Florida law now allows couples, if they both agree, to waive the filing of their financial affidavits with the court. This means you may be able to keep most of your sensitive details—like your income, assets, debts, and business interests—out of the public record. We have the experience to help you navigate this process correctly, no matter where you file.

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Comparing 4 Models of Collaborative Divorce

Collaborative Divorce is a private process where both you and your spouse work together, with the support of various professionals, to reach a mutually agreeable resolution without fighting in court. This blog post compares and contrasts four models—Lawyer-Only, Collaborative Mediation, Neutral Facilitator, and Two-Coach—each offering unique strengths and approaches.* By understanding the roles and benefits of each, you and your spouse can make an informed decision that best supports your family’s needs.

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Special Needs Children and Collaborative Divorce

Going through divorce is never easy. But when you are raising a child with special needs, the challenges — both emotional and financial — can feel overwhelming. You need a process that protects your child, respects your family’s future, and helps you work through the difficult moments with dignity.

That’s where Collaborative Divorce can make a world of difference. At Family Diplomacy: A Collaborative Law Firm, we are here to guide you through this private divorce process with care, compassion, and expertise.

A Collaborative Facilitator Can Tailor a Parenting Plan for Special Needs

In a traditional Florida divorce, parenting plans often focus on basics like overall decision-making, weekly schedules, and holidays. But if your child has special needs, you already know that their world is more complex.

In Collaborative Divorce, a neutral Collaborative Facilitator — a licensed mental health professional — works with both parents to develop a parenting plan tailored to your child’s specific requirements. Some examples include:

  • Coordinating medical treatments, therapies, and specialized education
  • Managing transitions between households in a way that supports emotional regulation
  • Planning for transportation and access to services that may not be available in every community
  • Creating ways for both parents to participate meaningfully in decisions about your child’s care and development

Instead of battling over who gets “more time,” the Facilitator helps both parents stay focused on what your child needs most to thrive.

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Are Real Estate Syndications Considered Marital Property in a Florida Divorce?

Real estate syndications have become a popular investment strategy for high-net-worth individuals and savvy investors seeking passive income and portfolio diversification. However, if you are facing a divorce in Florida, you may be wondering: Is my investment in a real estate syndication considered marital property? And if so, how is it valued and divided?

The answer depends on several factors, including when the investment was made, how it was funded, and whether any legal agreements protect it. In this post, we’ll explore how Florida law treats real estate syndications in divorce and what you need to know about valuation and division.


Are Real Estate Syndications Marital Property in Florida?

In Florida, marital property includes assets acquired by either spouse during the marriage, regardless of whose name is on the title or investment documents. Conversely, nonmarital (or separate) property includes assets acquired before the marriage, through inheritance, or via a gift from a third party.

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How Tax Loss Harvesting Can Turn Non-Marital Investments Into Marital Assets

If you’re an investor going through a divorce, you likely have a keen eye on your finances. You may already be familiar with tax loss harvesting, a strategy that can help reduce your tax bill by selling investments at a loss to offset capital gains. While this technique can be a smart financial move, it can also have unintended consequences in divorce—potentially turning what you thought was your separate, non-marital property into a shared marital asset.

What Is Tax Loss Harvesting?*

Tax loss harvesting is a strategy that can be used to lower your tax liability. For example, if you have investments in a taxable brokerage account that have lost value, you can sell them at a loss to offset capital gains from other investments. This reduces your overall taxable income and can lead to significant tax savings.

There are many rules associated with tax loss harvesting.  For example, you cannot sell a mutual fund at a loss and then immediately repurchase that same mutual fund.  However, one strategy that many investors utilize is to sell one investment at a loss and then purchase a similar, but different, investment.  For example, you might sell VTSAX, the Vanguard U.S. total stock market index fund, at a loss and purchase VFIAX, the Vanguard S&P 500 index fund, which is highly correlated with VTSAX.  The White Coat Investor website has a really good explainer on tax loss harvesting.

Many investors use this approach as part of a long-term financial strategy, reinvesting the proceeds into different securities to maintain their investment portfolio. However, if you are going through a divorce, you must be careful about how and when you execute tax loss harvesting.

*Please note that we are not accountants, financial advisors, or tax lawyers, this information is not intended to provide advice, and this is for educational purposes only.

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Collaborative Divorce: Control Your Own Destiny

When you’re facing the difficult decision to divorce, it’s natural to feel overwhelmed. And when you are used to making high stakes decisions, the feeling of powerlessness is just unacceptable. Decisions about your family, finances, and future carry immense weight. The last thing you want is to surrender control of your destiny to a judge in a public courtroom. That’s why many C-Suite executives, doctors, business owners, high-ranking military officers, and other professionals in Florida choose Collaborative Divorce.

What Is Collaborative Divorce?

Collaborative Divorce is a unique and private approach to family law that puts you and your spouse in charge. Instead of battling it out in court, you work together with a team of professionals to craft agreed upon solutions tailored to your family’s needs. Each of you have your own separate lawyers to provide you with independent legal advice.  The Collaborative Lawyers are there solely for the purpose of reaching an out-of-court agreement, and are prohibited, once the Collaborative Process begins, from being used to fight in court.  Additionally, your Collaborative Team may include a financial expert to navigate tricky financial discussions and a Facilitator (who is a licensed mental health professional) to keep discussion focused on the future rather than the disputes that led to the divorce.

Maintain Control Over Critical Decisions

Unlike traditional litigation, Collaborative Divorce fosters cooperation rather than conflict. You, your spouse, and your lawyers share the same goal: to find resolutions that work for everyone in your family. This approach gives you the power to decide how to divide assets, plan for your children’s future, and address any other issues that arise. Instead of a judge dictating your future, you together with your spouse maintain control over these critical decisions.

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Cordover Appears on Great Practice Great Life Podcast

Earlier this week, I had the pleasure of being featured on Episode 114 of the podcast Great Practice, Great Life, where I shared insights into my journey as an international thought leader in Collaborative Divorce and my efforts to revolutionize out-of-court dispute resolution through my law firm, where we virtually represent clients throughout the State of Florida and also have offices in Tampa, St. Petersburg, and Sarasota. This conversation gave me the chance to reflect on some of the key moments and principles that have shaped both my professional and personal life.

One of the topics we discussed was the profound impact of Hurricane Helene in 2024, when, like many others, I lost my home from the flood surge. In the aftermath of that challenging time, I found an opportunity to reassess my approach to work and life, leaning into gratitude. The hurricane, like so many challenges we face, served as a catalyst for growth and transformation. My story highlights how adversity can push us to innovate and strengthen our resolve.

 

We also dove into the unique world of Collaborative Divorce, an area of practice I’m deeply passionate about. This process brings together attorneys, mental health professionals, and financial experts to help families resolve disputes amicably, privately, and outside the courtroom. It’s a particularly valuable approach for professionals, doctors, executives, members of the LGBTQ+ community, business owners, politicians, celebrities, professional athletes, and others who place a premium on privacy and self-determination. In the podcast, I emphasized the importance of teamwork and how shifting from a competitive to a collaborative mindset can lead to more fulfilling and effective outcomes for everyone involved.

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Video: Cordover Keynotes Family Law Now Virtual Summit

Family Diplomacy managing attorney Adam B. Cordover recently gave the keynote address at the Third Annual Family Law Now Virtual Summit. The aim of the Summit is to provide legal professionals and those individuals facing separation, divorce, and other family law matters with vital information, strategies, and tools to support them as they navigate through the process.  The Summit was hosted by veteran Canadian lawyer Russell Alexander and benefitted The Denise House, which provides a safe shelter and supportive programs in Canada for women, with or without children, experiencing gender-based violence.

Examining Models of Collaborative Practice

The topic of the keynote address was “All the Ways to Collaborate: Examining Different Models of Collaborative Practice.”  In the keynote, Cordover urged lawyers to tailor the Collaborative Process to meet the needs of their family law clients.

You can view a video of the keynote, which is about 20 minutes long, below.

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How Are Medical School Student Loans Handled In a Florida Divorce?

When you’re facing a divorce in Florida, one of the complex financial issues you might encounter is how to handle student loans, particularly medical school student loans. These debts can be substantial, often amounting to hundreds of thousands of dollars, and it’s natural to wonder how they will be treated during the divorce process. Understanding your options and rights is crucial, especially if you and your spouse are seeking a Collaborative Divorce, which focuses on finding amicable solutions privately rather than through a public divorce court battle.

Understanding Marital vs. Non-Marital Debt – Med School Loans

In Florida, the law distinguishes between marital and non-marital assets and debts. Marital debts are those incurred during the marriage, regardless of whose name they are in or who incurred them. Non-marital debts, on the other hand, are typically those incurred before the marriage or after the date of separation.

If you took out medical school loans before you were married, these debts are generally considered non-marital, meaning you would be solely responsible for them. However, if you took out the loans during the marriage, things get a bit more complicated.

Medical School Student Loans as Marital Debt

If your medical school student loans were taken out during your marriage, they will be considered marital debt. This means that both you and your spouse could be responsible for repaying them, even if it was taken out in only one spouse’s name.  If some student loans were taken out prior to the marriage and other medical school debt was taken out during the marriage, then some loans will likely be considered non-marital and other med school loans will be considered marital. In a traditional divorce, this could lead to a lengthy and contentious battle, especially if the loans are significant.  More commonly, especially in a Collaborative Divorce, only one spouse ends up taking responsibility for paying off the marital portion of the loans, while they also typically get something in return to offset the debt.  Alternatively, the other spouse may take on a different set of debts as an offset.

In a Collaborative Divorce, you and your spouse have the opportunity to work together to find a fair and equitable solution. The Collaborative Process encourages open communication and cooperation, allowing both of you to express your concerns and preferences.

At the end of the day, a court will likely order, and most divorcing spouses agree on, an equal distribution of your family’s marital net worth.  So, for example, if your family has a total of $3 million in marital assets and $1 million in marital debts, equaling a net marital estate of $2 million, then likely each of you will end up with around a net worth of $1 million from the marital estate (though most people agree to an equal distribution of your marital assets/debts, you can also agree to an unequal distribution if it makes sense for your family or as an alternative to alimony).  For this reason, when determining how you are going to split your assets and debts, it is important to look at not just one debt, like medical school student loans, but at your family’s full financial picture.

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