Tag Archive for: dissolution of marriage

Who Started Collaborative Divorce?

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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BREAKING NEWS: Tampa Same Sex Divorce Dismissed by Trial Judge; Parties to Appeal

Many people have been following a matter that I am involved in, the same sex divorce case in Tampa, Florida.  Well, the judge just issued her ruling, and she dismissed the amended petition for dissolution of the parties’ marriage.

In her order, Judge Lee writes the following:

The Petitioner filed her initial Petition for Dissolution of Marriage on January 15, 2014.  Thereafter, the parties entered into the collaborative divorce process and successfully completed that process.  As a result, the parties voluntarily entered into a Collaborative Marital Settlement Agreement on March 14, 2014.  Subsequently, on March 17, 2014, the Petitioner filed her Amended Petition for Dissolution of Marriage and asked the court to accept jurisdiction of the subject matter, dissolve the marriage of the parties, and adopt and incorporate the Collaborative Marital Settlement Agreement into a Final Judgment of Dissolution of Marriage.

RELATED: Tampa Same Sex Divorce and Collaborative Practice

As alleged in the Amended Petition, the parties married …in the State of Massachusetts.  The parties are a same-sex couple. While the State of Massachusetts authorizes and recognizes same-sex marriages, by current law the State of Florida does not authorize or recognize such unions.

Specifically, in 2008, Florida citizens amended Article I of the Florida Constitution by voter initiate to provide as follows:

Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.  Art. I, s. 27, Fla. Const.

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Texas Judge Rules Denial of Same Sex Divorce Unconstitutional

In a case with many similarities to the Florida same sex divorce matter being deliberated here in Tampa, a district judge in Texas has ruled that, despite that state’s same sex marriage ban, two women should be permitted to divorce.  In fact, according to the Daily Kos, the Texas judge ruled that their Defense of Marriage Act is unconstitutional, and so this divorce case should proceed like any other divorce:

Judge Barbara Nellermoe, in a five-page ruling released Tuesday, pinpointed three portions of the Texas Family Code as unconstitutional, as well as Section 32 of the Texas Constitution. Nellermoe wrote that “in a well-reasoned opinion by Judge Orlando Garcia, the federal district court found that a state cannot do what the federal government cannot – that is, it cannot discriminate against same-sex couples.”

The trial judge found that the state had no rational basis to deny recognition of same sex married couples.  Judge Nellermoe also found that “Texas’ denial of recognition of the parties’ out-of-state same-sex marriage violates equal protection and due process rights when Texas does afford full faith and credit to opposite-sex marriages celebrated in other states.”

According to the Austin Statesman, Texas Attorney General Greg Abbot subsequently responded by asking the 4th Court of Appeals to stay, or pause, Judge Nellermoe’s proceedings, and the appellate court granted that request.  This does not mean that the appellate court will reverse Judge Nellermoe’s ruling; it just means that it will hear arguments, set for May 5, and make a determination later.

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Tampa Same Sex Divorce and Collaborative Practice

Same Sex Couple Seeks Divorce in Florida

Same Sex Couple Seeks Divorce in Florida

I have recently been involved in a Tampa family law matter that has made a couple of headlines lately. I represent a client who married her wife in Massachusetts, they moved to Florida, and ultimately they decided that their same sex marriage was irretrievably broken. The women reached a full settlement on all their marital issues, and, as the media has reported, now they are asking the court to grant them a divorce.

Related: In a Florida Child Custody Case, Does It Matter that I am Gay?

Related: Five Legal Steps Florida LGBT Parents Should Take

What has gotten far less attention is the fact that the women reached a full settlement agreement and formed a united front using the private collaborative family law process.

Unlike the more familiar divorce proceedings where parties hire gunslinger lawyers and have their dirty laundry aired in public courthouses, these women each retained a collaboratively-trained attorney (Ellen Ware and myself) who are experienced in respectful and interest-based negotiations. We attorneys were hired specifically to focus on reaching an amicable settlement in private offices; we both agreed that we would not inflame the situation by “building a case” against the other party and bringing arguments between the clients into the public courtroom.

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Bay News 9 Video: Collaborative Divorce in Tampa Bay

NGD-baynews9

I strongly believe that the traditional adversarial courtroom divorce is destructive to families, and so I am a strong proponent of the private, respectful collaborative divorce process.  I am also president of a local collaborative practice group known as Next Generation Divorce which is comprised of over 90 collaboratively-trained attorneys, mental health professionals, and financial professionals dedicated to helping families in Hillsborough, Sarasota, Pinellas, Pasco, and Manatee Counties.

As a representative of collaborative professionals, I oftentimes get the opportunity to speak to mental health, religious, and other organizations about collaborative family law.  Last year, I was also interviewed, along with my colleague, Joryn Jenkins, by Bay News 9 on the practice of collaborative divorce in Tampa Bay.

You can view the entire interview here.

If you have questions on how the collaborative process can save your family from the devastating effects of courtroom divorce, schedule a consultation with The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our contact form.

Tampa Limited Scope Representation FAQs

PLEASE NOTE THAT THIS POST WAS WRITTEN IN 2014 AND THE RATES BELOW DO NOT REFLECT OUR CURRENT RATES

What is limited scope representation?

Limited scope representation (also known as unbundled legal services) is a cost-effective method of obtaining an attorney’s help on specific tasks and not paying for services you do not want or need. 

 What limited services are you offering?

Once full settlement on all family law issues has been reached via mediation, financial affidavits have been completed and exchanged, and a settlement agreement and parenting plan (if applicable) have been executed, I am offering to review family law documents for legal sufficiency, e-file the documents through an attorney-only portal, schedule an expedited uncontested final hearing, and appear at the uncontested final hearing.  These are the only services included in the price quoted below. 

 What services are not included in this limited scope representation?

 I will not be providing the following services (this is not an exhaustive list): drafting or revising documents, requesting or preparing financial and other discovery and disclosure, providing advice as to the “fairness” of agreements, discussing possible or likely results if you were to ask a judge to decide your dispute, providing other legal advice, or appearing at contested hearings or rehearings.

 Why would we want this limited scope representation?

There are many reasons why a spouse would want to hire an attorney for the limited scope representation described above, but the main reasons are (i) to finalize a divorce sooner rather than later and (ii) to have the peace of mind of having an attorney appear at the final hearing in front of a judge.

Can you represent both parties?

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Florida Divorce, Financial Affidavits, and Privacy

In almost any Florida family law matter that involves financial issues, such as child support, alimony, division of property and debt, or attorney’s fees, parties are required to exchange and file Florida Family Law Financial Affidavits.  Financial Affidavits outline each party’s source(s) of income, as well as expenses, assets, and liabilities.

And, when they are filed, they become part of the public record, accessible by anyone.

Most people, for any number reasons, do not want their financial profile to become public.  And yet, when people go through the traditional litigated divorce, that’s exactly what happens.

But it does not need to be that way.

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A Peaceful Divorce in Tampa Bay?

I recently returned from a conference of the International Academy of Collaborative Professionals, where approximately 400 attorneys, psychologists, therapists, accountants, and financial planners from all around the world gathered to learn how to help families through collaborative divorce (a process where clients agree to settle their disputes privately and attorneys are contractually barred from bringing contested issues in front of a judge to decide).

During the conference, I was reminded that colleagues in Israel refer to collaborative practice in Hebrew as “L’hitgaresh B’Shalom,” which literally translates as “To Divorce In Peace” or “The Peaceful Divorce.”

This is not to say that collaborative divorce is an easy process.  Another Tampa attorney refers to collaborative divorce as “the tough, but sensible, way to resolve family disputes,” and that’s an apt description.  After all, divorce – no matter how it is resolved – is a difficult and emotional process.

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Collaborative Divorce Video: A True Life Story Part 2

Just as more divorcing spouses in Tampa are seeking an alternative to the usual courtroom battles, the use of the collaborative family law process is growing around the country.  Collaborative Practice California has produced a video which follows an actual couple going through a collaborative divorce.

I previously posted Part 1 of the video.  After the jump, Part 2 of the video shows how the couple handles difficult emotional and financial issues in the collaborative process:

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Collaborative Divorce Video: A True Life Story Part 1

Like Tampa, California has seen a need for a divorce process that does not pit spouses against one another in courtroom battles.  To that end, Collaborative Practice California has produced the following video which follows an actual divorcing couple through the process of collaborative family law:

http://www.youtube.com/watch?v=a8qlrg7pe7E

Part 2 of the video to be posted within the coming days.

Like California, Tampa Bay has a group of attorneys, facilitators/coaches, accountants, and financial planners who are trained in the interdisciplinary collaborative process:

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