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Tag Archive for: collaborative family law

Former Florida Supreme Court Justice: Divorce Doesn’t Belong In Court

October 26, 2015/0 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, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam

Rosemary Barkett, the first female Chief Justice of the Florida Supreme Court and former federal judge of the U.S. Court of Appeals for the 11th Circuit believes that the court system is not an appropriate place to resolve divorce-related matters.

[Portrait: Justice Rosemary Barkett]

Below are excerpts from a series of interviews of Justice Barkett conducted between 2006-2009 and recorded as part of the American Bar Association Senior Lawyers Division Women Trailblazers in the Law program:

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2015-10-26 08:22:002016-03-02 15:56:53Former Florida Supreme Court Justice: Divorce Doesn’t Belong In Court

Tampa Collaborative Divorce Consultation

October 21, 2015/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, collaborative family law, Collaborative Law, collaborative practice, dissolution of marriage, divorceby Adam

Since I opened my law practice, I have received phone calls from potential clients asking if they could bring their spouse to the divorce consultation.  Their purpose was to go to a lawyer together, hear the same information, and demonstrate that they are not trying to hire a “pitbull lawyer” or engage in dirty trial tactics.  They simply wanted to dissolve their marriage, and they did not want to fight in order to make the divorce happen.

Almost all Tampa Bay divorce lawyers refuse such a request to meet both spouses.  In fact, for the first few years, I also would not meet with both parties.  The reason was simple: the Florida Bar has found time and again that it is unethical for an attorney to represent both spouses to a divorce because there is an insurmountable conflict of interest.  Further, attorneys do not want to even give the impression that they are representing both spouses, so they avoid meeting with both spouses.

But now, I encourage both spouses to come to a divorce consultation.  In fact, I charge half my normal consultation fee, because I believe that one of the best ways to ensure that a marriage ends amicably is for both parties to start the divorce process together.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2015-10-21 13:49:342016-03-03 10:44:39Tampa Collaborative Divorce Consultation

Florida Encourages Out-of-Court Dispute Resolution

October 12, 2015/0 Comments/in Administrative Orders, Case Law Update, Collaborative Divorce, Florida Statutes //Tags: alternative dispute resolution, collaborative divorce, collaborative family law, Collaborative Law, settlementby Adam

The following is part of an appellate brief that I wrote which outlines how the Florida legislature, the Florida Supreme Court, and the Thirteenth Judicial Circuit in and for Tampa encourages the settlement of disputes, especially in family law matters:

Flagus Florida - Family Diplomacy | A Collaborative Law Firm

Florida strongly encourages out-of court settlement of disputes. See Fla. Stat. § 61.001(2)(b)-(c) (the purposes of Chapter 61, among other things, are “(b) To promote the amicable settlement of disputes that arise between parties to a marriage; and (c) To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.”); In re Report of the Family Law Steering Committee, 794 So. 2d 518, 522-523 (Fla. 2001); see, also, Robbie v. City of Miami, 469 So. 2d 1384, 1385 (Fla. 1985) (“[s]ettlements are highly favored and will be enforced whenever possible.”).

In re Report finds, in part, the following:

The Florida Supreme Court should adopt the following guiding principles as a foundation for defining and implementing a model family court:

***

3. All persons, whether children or adults, should be treated with objectivity, sensitivity, dignity, and respect.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2015-10-12 08:25:072016-03-03 10:45:43Florida Encourages Out-of-Court Dispute Resolution

Money Talk 1010 AM: Cost Savings of Collaborative Divorce Compared to Trial Divorce

October 11, 2015/0 Comments/in Collaborative Divorce, Family Law News //Tags: collaborative attorney, collaborative divorce, collaborative divorce training, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, dissolution of marriage, divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam

I recently was at the St. Petersburg studios of Money Talk 1010 AM with fellow attorney Joryn Jenkins to discuss, among other things, how a collaborative divorce tends to make more financial sense then going through the traditional courthouse divorce.  The discussion was facilitated by Let’s Talk Law’s Roxanne Wilder and sponsored by Next Generation Divorce.

Money Talks Website Logo - Family Diplomacy | A Collaborative Law Firm

The radio program begins around the 5:30 mark after the jump below.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2015-10-11 08:21:542016-03-03 10:48:24Money Talk 1010 AM: Cost Savings of Collaborative Divorce Compared to Trial Divorce

UFC: Comparing Unified Family Courts with Ultimate Fighting Championship

September 28, 2015/0 Comments/in Collaborative Divorce, Divorce //Tags: collaborative attorney, collaborative divorce, collaborative family law, Collaborative Law, collaborative practice, dissolution of marriage, divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, Unified Family Courtsby Adam

I am a huge fan of the Ultimate Fighting Championship, usually referred to by its initials, UFC.  This comes as a big surprise to those getting to know me, because in my professional life I am dedicated to helping Tampa Bay families peacefully resolve their differences via the collaborative law process.  But there is something about the techniques, the artistry, the competition, the drama of a good fight that keeps drawing me to watch the sport.

And yet, I am not a big fan of another UFC, the Unified Family Courts, at least not as a means to resolve family disputes.  Beginning in 1991, a series of Florida Supreme Court opinions set out to create separate court division for families going through divorce, coordinate actions among the judges, and resolve family law issues in a fair, timely, efficient, and cost-effective method.  Though we have incredible and dedicated judges, clerks, and court staff who try their very best, it is still a very flawed system for helping families move on with their lives.

This post looks to compare these two UFCs.

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Money Talk 1010 AM: Introducing Collaborative Divorce

September 26, 2015/0 Comments/in Collaborative Divorce, Family Law News //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam

I recently had the opportunity to appear on the Let’s Talk Law radio program along with Licensed Mental Health Counselor Linda Peterman.  We were introducing collaborative divorce to the Tampa Bay listeners of Money Talk 1010 AM and had a great conversation with host Roxanne Wilder.

Money Talks Website Logo - Family Diplomacy | A Collaborative Law Firm

Collaborative divorce is a private form of dispute resolution where each spouse retains an attorney.  The attorneys only focus on negotiating an agreement, and they are contractually barred from engaging in contested court proceedings.  All negotiations are had in a private conference room rather than the public courthouse.

A neutral facilitator, who generally is licensed in a field of mental health, oftentimes helps the spouses focus on what is most important (such as the welfare of the children) rather than the arguments of the past.  A neutral financial professional, who has either a financial planning or accounting background, is frequently retained to efficiently ensure full financial transparency and aid the spouses to make the transition from married life to financially independent single life.

You can listen to the radio program, which was sponsored by Next Generation Divorce and aired on September 4, 2015 immediately after the Dave Ramsey Show, after the jump.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2015-09-26 10:28:552015-09-26 10:28:55Money Talk 1010 AM: Introducing Collaborative Divorce

Collaborative Divorce in Israel: The Peaceful Divorce

September 22, 2015/0 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, divorce, Israel, parenting plan, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam

While Collaborative Divorce began in the United States in 1990 when Minnesota family law attorney Stu Webb declared that he would no longer take any new litigated cases, it has spread throughout the world to provide spouses with a private, respectful method to separate.

להתגרש בשלום

One such place that it has spread is Israel, where a practice group named “L’Hitgaresh B’Shalom” based out of Tel Aviv is teaching Israelis how they can constructively restructure their families.  L’Hitgaresh B’Shalom roughly translates as “The Peaceful Divorce,” “To Divorce in Peace,” or “Divorcing Peacefully.”  In a region that is oftentimes in the midst of physical battles, it is amazing that there are professionals who are attempting to insulate families from the destruction of court battles.

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Radio Commercial: A Next Generation Divorce

September 21, 2015/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Next Generation Divorceby Adam

Lately, as a member of Next Generation Divorce, one of the nation’s largest collaborative practice groups, I have had the opportunity to appear on Money Talk 1010’s Let’s Talk Law program.  Those programs will be on the web shortly.

Money Talks Website Logo - Family Diplomacy | A Collaborative Law Firm

In the meantime, you can find a 60 second commercial on Next Generation Divorce and the collaborative process below.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2015-09-21 14:40:072016-03-03 11:04:54Radio Commercial: A Next Generation Divorce

Video: Don’t Make Your Divorce A Declaration of War

September 7, 2015/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practiceby Adam

Collaborative professionals around the country and, indeed, around the world are getting the word out that there is a better alternative to traditional divorce court battles: Collaborative Divorce.

In the video below, New Jersey attorney Linda Piff has a great short video that provides a brief overview of the collaborative process.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam2015-09-07 08:55:402016-03-03 11:19:46Video: Don’t Make Your Divorce A Declaration of War

Do You Really Need An “Aggressive” Divorce Lawyer?

September 6, 2015/0 Comments/in Collaborative Divorce, Divorce //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practiceby Adam

If you are considering divorce, whether here in Florida or elsewhere, and you are doing online research about family law attorneys, you will come across many firms that describe their attorneys as “aggressive” and “ready to fight for you.”

You will not find that type of language on Family Diplomacy’s website, as we believe that spouses should not be pitted against one another, and family issues should be resolved via the collaborative process in private offices rather than public courtrooms.  And yet, we concede that our approach may not be for everyone.

So, when should you look elsewhere for an “aggressive” divorce lawyer?

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