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Tag Archive for: Collaborative Law

Freezing High Conflict Divorce Litigation for the Collaborative Process

March 1, 2015/1 Comment/in Collaborative Divorce, Divorce, Divorce Process //Tags: alimony, child custody, child support, collaborative attorney, collaborative divorce, collaborative divorce training, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, high conflict divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

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 spend hundreds of thousands of dollars in attorneys’ fees, expert witness fees, deposition fees, document production fees, forensic evaluation fees, court reporter fees, and so on, and feel no closer to a final resolution of their divorce.

But there is something that can be done to change the dynamics.

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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-Law2015-03-01 12:20:392017-07-12 21:59:02Freezing High Conflict Divorce Litigation for the Collaborative Process

What is the Purpose of Florida Family Law?

February 9, 2015/1 Comment/in Collaborative Divorce, Florida Statutes //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, florida divorce, Florida Statutes, paternityby Adam B. Cordover, Attorney-at-Law

Anyone who has gone through a divorce, paternity, or other family law proceeding in Hillsborough County or elsewhere in Florida may have wondered: What is the purpose of Florida Family Law?

Well, section 61.001(2) purports to have an answer:

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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-Law2015-02-09 13:35:422016-03-11 10:08:24What is the Purpose of Florida Family Law?

Podcast: Carrollwood Mental Health Counselor Discusses Collaborative Divorce

December 31, 2014/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, Collaborative Law, collaborative mental health professional, collaborative practice, dissolution of marriage, divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

In the latest Divorce Without Destruction, host Garin Vick speaks with Linda Peterman, a Licensed Mental Health Counselor and Certified Rehabilitation Counselor.  Linda discusses her views on collaborative divorce as practiced in Carrollwood and the greater Tampa Bay area:

[soundcloud url=”https://api.soundcloud.com/tracks/179985265″]

I happen to know Linda, as she has served as a Neutral Collaborative Facilitator in a collaborative case involving a client of mine.  She and I also serve on the Executive Board of Next Generation Divorce, Florida’s largest collaborative practice group.

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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-Law2014-12-31 16:26:472016-03-11 10:01:52Podcast: Carrollwood Mental Health Counselor Discusses Collaborative Divorce

A Former Judge’s Take on the Family Court System

December 26, 2014/0 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative child specialist, 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

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.

***

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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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-Law2014-12-26 15:19:352016-03-11 10:00:33A Former Judge’s Take on the Family Court System

Podcast: Comparing Collaborative Divorce and Mediation

November 15, 2014/0 Comments/in Collaborative Divorce, Divorce, Divorce Work //Tags: alternative dispute resolution, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, International Academy of Collaborative Professionals, mediation, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

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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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-Law2014-11-15 07:35:472017-07-13 12:06:32Podcast: Comparing Collaborative Divorce and Mediation

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

Tampa Same Sex Divorce Case First DOMA Challenge Certified to Florida Supreme Court

August 28, 2014/0 Comments/in Case Law Update, Collaborative Divorce, Family Law News, Florida Statutes, LGBT Family Law Matters //Tags: 13th Judicial Circuit, collaborative divorce, Collaborative Law, DOMA, Florida Statutes, gay and lesbian couples, gay marriage, gay rights, jurisdiction, lesbian rights, LGBT family law rights, same sex couples, same sex marriageby Adam B. Cordover, Attorney-at-Law

Can two women who were married in Massachusetts but now are residents of Florida divorce in Florida?  That is the question that my Tampa client and her wife were looking to have answered in the affirmative.  The trial judge determined that she did not have the power to dissolve a marriage that the State of Florida did not recognize.

When we appealed, we asked a panel of judges to skip the normal appellate process and go straight to the Florida Supreme Court.  Our argument was that this case involves issues of such public importance, and that determining whether married couples of the same sex can divorce affects the administration of justice throughout the state.  Our request for the expedited process was denied.

And then we got word yesterday.  The judges of the Second District Court of Appeals decided en banc (with the input of all of the judges of the Court, excluding a judge who had recused himself) that this case should go straight to the Florida Supreme Court.

Below are portions of the brand new ruling:

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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-Law2014-08-28 14:08:332016-03-11 11:01:40Tampa Same Sex Divorce Case First DOMA Challenge Certified to Florida Supreme Court

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
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