Tag Archive for: dissolution of marriage

Tampa Collaborative Divorce Consultation

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

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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.

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

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UFC: Comparing Unified Family Courts with Ultimate Fighting Championship

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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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Keiba Shaw Media Statement on Tampa Same Sex Divorce Appeal

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On May 29, 2015, Florida’s Second District Court of Appeal released its opinion in the matter of Shaw v. Shaw.  It determined that Florida should give full faith and credit to a same-sex marriage entered into under the laws of Massachusetts, and that Florida courts have the authority to dissolve the marriage.

This has been a long, tough road, but this is truly a great day for equality.

Keiba Shaw has authorized the release of the following statement:

An uncontested divorce between a man and a woman in Florida can be resolved in as little as a month. That’s just four weeks to dissolve a negative situation that both parties agree needs to end. It doesn’t matter how long they were married or WHERE they were married.

My [soon-to-be] former spouse and I used a next generation process, collaborative divorce, that was designed to resolve conflicts in a manner that was private, non-litigated, peaceful, and respectful. We reached a full agreement on all issues in two meetings that were one week apart.

And yet, because my former spouse and I are both women, my divorce has taken more than a year to be granted and has unnecessarily disrupted my life and that of my family members. The legal complexities have limited my options and the resulting financial burden has made it harder to take care of my family the way I envisioned.

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Research Findings on Collaborative Divorce from England and Wales

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In June 2014, United Kingdom researchers Anne Barlow, Rosemary Hunter, Janet Smithson, and Jan Ewing published a research paper titled Mapping Paths to Family Justice.  The paper was based on research sponsored by the University of Exeter, the University of Kent, and the Economic & Research Council and which compared various forms of private dispute resolution for divorce, including collaborative practice.

As collaborative divorce is relatively new in England and Wales, there were comparatively few respondents for the research, so it may not be representative of all collaborative cases.  Nonetheless, it may be helpful for Florida families and collaborative practitioners to review the results.

The study reviews three types of private forms of family dispute resolution.  One type, solicitor negotiation, isn’t exactly utilized in Florida as we do not have do not have a distinction between solicitors and barristers, we just have attorneys.  Either way, below are the definitions used for each process that was analyzed:

  1. Solicitor negotiation – Solicitors engage in a process of correspondence and discussion to broker a solution on behalf of their clients without going to court.
  2. Mediation – Both parties attempt to resolve issues relating to their separation with the assistance of a professional family mediator.
  3. Collaborative law – Each party is represented by their own lawyer, negotiations are conducted face to face in four-way meetings between the parties and their lawyers, with all parties agreeing not to go to court.

Below are some of the main findings and recommendations on divorces that used the collaborative law process:

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Tampa Bay Times Article on 2015 Florida Collaborative Divorce Bill

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The Tampa Bay Times recently published an article on collaborative divorce.  The article quotes four local collaborative professionals (attorneys Ingrid Hooglander, Tanya O’Conner, and Mark Moon, and psychologist Rachel Moskowitz), all of whom are members of Next Generation Divorce, an interdisciplinary group of professionals dedicated to educating the public about a healthier way to resolve their family disputes.

The article also interviews State Senator Tom Lee of Brandon, who is the sponsor of Senate Bill 642, the Collaborative Law Practice Act.  Though collaborative law is already being practiced as a private way to resolve divorces and other family law issues in Tampa Bay and throughout Florida, the bill provides a legal framework for the process and adds protections to the privacy of communications during settlement talks.

Below is an excerpt:

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Can I Now Divorce My Same-Sex Spouse in Florida?

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Last week, Federal Judge Robert L. Hinkle clarified his ruling in Brenner v. Scott to state, definitively, that the U.S. Constitution requires Florida clerks of court to issue marriage licenses to same-sex couples.  This has brought great jubilation that marriage equality is finally recognized in Florida.  Clerks throughout the state (including in my own Hillsborough County) have begun issuing marriage licenses, and some even have officiated over marriages.

Hillsborough County Clerk of the Court Pat Frank Officiates Over a Mass Same-Sex Wedding

Hillsborough County Clerk of the Court Pat Frank Officiates Over a Mass Same-Sex Wedding

However, is same-sex marriage yet completely equal in Florida?  Is it recognized for all purposes in Florida, including for purposes of dissolving that marriage?

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Podcast: Carrollwood Mental Health Counselor Discusses Collaborative Divorce

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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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Florida Same-Sex Annulment

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As Florida does not currently recognize same-sex marriages, some judges have interpreted the state’s ban as precluding them from granting same-sex divorces.  I am involved in a case in which two women married in Massachusetts, moved to Florida, and separated.  They utilized the interdisciplinary collaborative process to come to a full settlement agreement and filed a petition for dissolution of marriage in Tampa.  The judge ultimately denied their petition, determining that she did not have jurisdiction to dissolve that which the state does not recognize.

And we appealed.  This has become the first divorce matter in Florida to challenge Article I, Section 27 of the Florida Constitution banning recognition of same-sex marriage.

In the meantime, the gay marriage ban is still in effect.  So is there anything that same-sex spouses can do to legally end their marriage in Florida?

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Florida Family Law: Mandatory Disclosure

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When you file and serve a petition in a Florida family law case that involves financial issues such as child support, alimony, or the division of property in debts, a clock starts ticking.  Within 45 days of the initial pleadings being served on the respondent, each party is required to provide the other party with a whole host of financial documents and information.

This is what is known as Mandatory Disclosure, and it is governed by Rule 12.285, Florida Family Law Rules of Procedure.

The following are a list of documents that are required to be exchanged:

(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form 12.902(b) if the party’s gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 12.902(c) if the party’s gross annual income is equal to or more than $50,000, which requirement cannot be waived by the parties. The financial affidavits must also be filed with the court. A party may request, by using the Standard Family Law Interrogatories, or the court on its own motion may order, a party whose gross annual income is less than $50,000 to complete Florida Family Law Rules of
Procedure Form 12.902(c).

(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the party or on the party’s behalf for the past 3 years.

(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not been prepared. Read more →