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Tag Archive for: collaborative attorney

Florida Collaborative Divorce: A Flowchart

November 8, 2014/1 Comment/in Collaborative Divorce //Tags: business valuation, child custody, child support, co-parenting, collaborative attorney, collaborative child specialist, collaborative divorce, collaborative divorce training, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, equitable distribution, International Academy of Collaborative Professionals, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

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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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-11-08 10:32:302016-03-11 10:55:55Florida Collaborative Divorce: A Flowchart

Prenuptial Agreements: Divorce Planning or Collaborative Marriage Planning?

October 27, 2014/2 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, collaborative marriage planning, premarital agreement, prenuptial agreementby Adam B. Cordover, Attorney-at-Law

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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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-10-27 14:49:032015-08-22 08:21:07Prenuptial Agreements: Divorce Planning or Collaborative Marriage Planning?

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

August 16, 2014/3 Comments/in Case Law Update, Collaborative Divorce, Family Law News, LGBT Family Law Matters //Tags: 13th Judicial Circuit, alternative dispute resolution, appeals, case law, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, Defense of Marriage Act, dissolution of marriage, divorce, DOMA, gay and lesbian couples, gay and lesbian parents, gay marriage, gay rights, legal separation, lesbian rights, LGBT family law, LGBT family law rights, marriage equality, same sex couples, same sex divorce, same sex marriage, Second District Court of Appeals, Tampa, uncontested divorceby Adam B. Cordover, Attorney-at-Law

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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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-08-16 11:06:092016-03-11 11:09:23Florida Bar Family Law Section Moves To File Brief In Same Sex Divorce Appeal

New Collaborative Divorce Brochure from the IACP

August 7, 2014/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, International Academy of Collaborative Professionals, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

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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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-08-07 18:54:522016-03-11 11:12:57New Collaborative Divorce Brochure from the IACP

Tampa Tribune: Florida Gay Marriage and Gay Divorce Cases

July 26, 2014/2 Comments/in Case Law Update, Collaborative Divorce, Family Law News, Florida Statutes, LGBT Family Law Matters //Tags: collaborative attorney, collaborative divorce, collaborative family law, Collaborative Law, collaborative practice, Defense of Marriage Act, DOMA, gay and lesbian couples, gay and lesbian parents, gay marriage, gay rights, lesbian rights, LGBT custody rights, LGBT family law, LGBT family law rights, same sex couples, same sex divorce, same sex marriage, same-sex parents, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

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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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-07-26 12:40:412016-03-11 11:23:32Tampa Tribune: Florida Gay Marriage and Gay Divorce Cases

Radio Interview: Collaborative Divorce and Christian Values

July 20, 2014/0 Comments/in Collaborative Divorce //Tags: Christian values, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, different faiths, dissolution of marriage, divorce, family values, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

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.

[soundcloud url=”https://api.soundcloud.com/tracks/155985494″ params=”auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false&visual=true” width=”100%” height=”450″ iframe=”true” /]

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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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-07-20 15:33:132016-03-11 11:25:16Radio Interview: Collaborative Divorce and Christian Values

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

July 6, 2014/0 Comments/in Collaborative Divorce, LGBT Family Law Matters //Tags: alimony, bisexual parental rights, child custody, child support, collaborative attorney, collaborative divorce, dissolution of marriage, divorce, equitable distribution, gay parental rights, lesbian parental rights, LGBT custody rights, LGBT family law, same sex divorce, same-sex parentsby Adam B. Cordover, Attorney-at-Law

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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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-07-06 16:46:312016-03-11 11:39:38“Next Generation Divorce” Takes On A New Meaning At St. Pete Pride

What Your Florida Divorce Lawyer May Not Be Telling You

June 22, 2014/0 Comments/in Collaborative Divorce, Divorce, Divorce Court //Tags: child custody, child custody case, child support, co-parenting, collaborative attorney, collaborative divorce, collaborative divorce training, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, contested divorce, divorce, Florida child custody, florida divorce, Hillsborough County, International Academy of Collaborative Professionals, Manatee County, Next Generation Divorce, no fault divorce, parenting plan, Pasco County, Pinellas County, Sarasota County, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

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 →

https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-06-22 12:53:302017-07-12 21:55:51What Your Florida Divorce Lawyer May Not Be Telling You

Who Started Collaborative Divorce?

June 4, 2014/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, collaborative family law, Collaborative Law, collaborative practice, dissolution of marriage, divorce, International Academy of Collaborative Professionals, Next Generation Divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

Ever since my first basic collaborative divorce training in Tampa in 2011, I have been enthusiastically offering the collaborative process to my clients as a better way to handle family law matters.  I have also tried to become a student of the process, reading every book I can get my hands on that discusses collaborative divorce.

Right now I am reading The Collaborative Way to Divorce: The Revolutionary Method That Results in Less Stress, Lower Costs, and Happier Kids – Without Going to Court.  This book is written by Stu Webb, the founder of collaborative divorce, along with Ron Ousky, one of the early leaders of collaborative practitioners.

In the introduction of the book, Stu discusses how he came up with the collaborative method:

In 1989, I had been a divorce lawyer for about eighteen years – and was getting pretty sick of it.  I saw what the adversarial court battles that were the focus of divorce were doing to my clients, and I knew the resulting negativity was having an effect on me, too.

In traditional litigation two lawyers (or teams of lawyers) hash out the divorce in a court of law.  The actual parties to the divorce – the husband and wife – have almost no direct contact with each other, and what little interaction they have is usually bitter and unproductive.  Tension, fear, anger, and recrimination prevail.  This traditional process makes it almost impossible for the parties to have anything remotely resembling a healthy relationship after the divorce, even when there are children involved.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-06-04 20:03:092016-03-11 11:33:09Who Started Collaborative Divorce?

Consequences of Not Paying Florida Child Support

May 27, 2014/0 Comments/in Collaborative Divorce, Florida Family Law Rules of Procedure, Florida Statutes //Tags: child support, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, contempt, enforcement, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

If a court orders you to pay child support, I have two words for you: Pay It.  Child support is taken so seriously by the Florida and federal government that it is one of the few types of debts that cannot be discharged in bankruptcy proceedings, and it can be enforced against you no matter which state in this country you live in or move to.

The Florida Statutes and Florida Family Law Rules of Procedure provide several consequences of not paying support.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2014-05-27 20:00:032016-03-11 15:51:59Consequences of Not Paying Florida Child Support
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