Tag Archive for: collaborative attorney

A Former Judge’s Take on the Family Court System

As a Florida family law attorney, I tell clients all the time that – for the sake of their children, finances, and sanity – it is best if divorcing spouses are able to reach an agreement on their own, without leaving important decisions that will affect the rest of their lives up to a judge.  I have found that interdisciplinary collaborative practice is the best way for families to reach a resolution, though other options (such as mediation and direct negotiations) are also almost always better than the court system.

Sue Cochrane, who served as a family law judge in Minnesota, also believes that the current family court system is broken.  Below are excerpts of an article she penned for The Collaborative Review (Winter 2014 / Volume 15, Issue 1):

After eighteen years on the family bench I am sensitive to the needs of the thousands who still show up [to court] due to lack of funds or awareness of other options.  Having Collaborative practitioners and others from diverse disciplines working side-by side with those of us from the courts was, in my opinion, a monumental advancement.

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The law is well-known for being logical and dispassionate.  Courts are where intellect and linear, analytic thinking prevails.  In the admirable pursuit of truth and justice, the courts can inadvertently deny the humanity of the people it is supposed to serve and even of the judges and staff who work there.

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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.

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Florida Collaborative Divorce: A Flowchart

Many people come to my Tampa office because they heard collaborative divorce is private, respectful, conducive to co-parenting, and usually quicker than the traditional courtroom divorce.  But they do not quite understand logistically how the collaborative process works.

The first thing to understand is that each party is represented by his or her own attorney whose sole purpose is to help the parties reach a settlement.  The attorneys are contractually barred from engaging in costly, damaging contested court battles.  If parties want to fight one another in the court system, they must choose different litigation attorneys.

A neutral facilitator, who usually is licensed in a mental health profession, is involved in most collaborative cases.  The facilitator not only helps the parties (and attorneys) focus on the future rather than rehash the arguments of the past, but he or she also teaches the parties communication and dispute resolution techniques that will help them and their families long after the divorce is finalized.

A neutral financial professional is also oftentimes used to efficiently ensure financial transparency between the parties, to develop personally-tailored options for support and the division of assets and debts, and to help the clients budget to give them the best chance for financial security once their divorce is finalized.

Some folks are visual learners, and so my firm has created a flowchart that shows how a collaborative case might proceed.  Please understand that, depending on the facts of your case and the needs of your family, your collaborative divorce process may be customized differently:

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Prenuptial Agreements: Divorce Planning or Collaborative Marriage Planning?

Prenuptial agreements have been around for quite some time in Florida.  They are an agreement between people who are about to wed in which the parties set out their rights and responsibilities in a written document that is executed in front of a notary and two witnesses.  Prenuptial agreements are oftentimes thought of as “divorce planning” so as to avoid a future nasty court battle, should the parties’ marriage not work out.

But who wants to plan a divorce, especially when you are not even done making the wedding plans?

There is an alternative.  It is a new process known as Collaborative Marriage Planning.

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Florida Bar Family Law Section Moves To File Brief In Same Sex Divorce Appeal

The Family Law Section of the Florida Bar, representing over 4,000 attorneys and affiliate members, has decided to file a brief in a divorce appeal in favor of the right of same sex spouses in Florida to divorce.  The Family Law Section is joined by the American Academy of Matrimonial Lawyers (“AAML”) in what is believed to be the first same sex divorce case in Florida to challenge the state’s Defense of Marriage Act and constitutional amendment banning “gay marriage.”

As an attorney for one of the spouses – who were married in Massachusetts, moved to Florida, and filed for divorce in Hillsborough County – I welcome the support of the Family Law Section and AAML.

In their motion requesting permission to file an amicus brief, the Family Law Section and the AAML write the following:

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New Collaborative Divorce Brochure from the IACP

CP LOGOThe International Academy of Collaborative Professionals, a non-profit organization dedicated to helping families work through divorce and other issues privately and respectfully, recently put out a new electronic brochure that explains the collaborative divorce process.  To view the brochure, click on the link below, then click on the bottom right hand-corner of the brochure and drag to the left to flip through the pages:

http://collaborativepractice.com/media/41538/e_brochure_ENGLISH.swf

You can also find out about collaborative practice in the Greater Tampa Bay and Sarasota areas by going to the website of Next Generation Divorce, a local network of caring collaborative professionals.

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Tampa Tribune: Florida Gay Marriage and Gay Divorce Cases

As I wrote in a previous post, a Florida Circuit Court judge in Monroe County (in the Florida Keys) declared that Florida’s ban on same sex marriage is unconstitutional.  Though that ruling was stayed (not put into effect) pending appeal, a Miami-Dade judge made a similar ruling this past week, which was also stayed.

A few days before the Miami ruling came out, I was interviewed by Elaine Silvestrini of the Tampa Tribune about my Tampa same sex divorce case now under appeal in the Second District Court of Appeals and how the Florida Keys ruling may or may not affect the divorce case.  Below are some excerpts of the Tampa Tribune article:

Although the decision [to permit same sex marriages] has no force of law in the rest of the state, lawyers [in the same sex divorce case] say it may help their case for divorce equality.

“It’s not authoritative, but it provides a little bit more persuasion,” said Adam Cordover, who represents [one of the divorcing spouses]. “It shows that yet another court has ruled in favor of marriage equality. The currents of history are in favor of marriage and divorce equality.”

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Radio Interview: Collaborative Divorce and Christian Values

Collaborative attorney Joryn Jenkins and I recently appeared on Spirit FM 90.5’s Legally Speaking to talk about Collaborative Divorce.  Spirit FM is a Christian radio network that broadcasts out of Christ the King Church in the heart of Tampa, Florida.

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As I mentioned during the interview, we do not advocate divorce:  anyone with marital troubles should consult with their priest, pastor, rabbi, marital therapist, or other clergy or professional and do all that they can to repair their relationship, especially if there are children involved.  No matter what process is chosen, divorce is a painful ordeal, and the spouses are not the only ones affected.

However, there are times when a marriage is truly irretrievably broken.  It is in those cases that we urge parties to consider collaborative divorce, which is a private, respectful family law process that helps spouses dissolve their marriage while keeping their dignity intact.  This is in stark contrast to traditional divorce, where the adversarial court system pits husband versus wife, mother versus father, ultimately to be judged by a stranger appointed or elected to a government position.

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“Next Generation Divorce” Takes On A New Meaning At St. Pete Pride

Last Sunday, I met a lot of people who had a lot of questions regarding their parental and family law rights.  My law firm sponsored a booth at the St. Pete Pride festival in St. Petersburg, Florida, where I discussed topics such as adoptions, name changes, and LGBT child custody rights.  I also had the chance to talk about collaborative family law, a private form of dispute resolution which I have used to help same sex partners amicably separate.

20140706-153645-56205458.jpgAt the pride festival, I was wearing a metal name tag that I received from my collaborative family law practice group, Next Generation Divorce.  Next Generation Divorce is comprised of over 100 caring attorneys, mental health professionals, and financial professionals dedicated to helping parents and divorcing spouses handle difficult issues amicably and with their dignity intact.  I happen to be Next Generation Divorce’s current president and, needless to say, I strongly support the organization’s drive to help folks resolve disputes respectfully through the collaborative process.

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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.   Read more