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:
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
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?
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:
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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.
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?
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.
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 →
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:
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.
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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.
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.
At 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.
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.
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 →
