If you are considering a divorce, ask your attorney whether he or she has received interdisciplinary collaborative training and offers the collaborative divorce option. Why?
A collaborative divorce attorney will focus on helping you and your family rather than hurting your spouse. He or she is committed to productive and respectful negotiations for a mutually beneficial outcome rather than conducting an all out war in the courtroom.
Florida Statutes Section 61.021 imposes a residency requirement for divorce cases: One of the parties must have lived in Florida for at least 6 months prior to the filing of the petition for dissolution of marriage. This generally means that a spouse will have to be physically present in Florida fort six months and have the intent to remain a permanent resident of Florida.
However, Florida does provide exceptions for members of the military.
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.
Many jurisdictions require spouses to be legally separated for a certain period of time (oftentimes about 6-12 months) before they can get a divorce.
Florida does not have such a requirement.
However, there are many couples out there who wish to go through a “trial separation” without taking the leap of divorce. Many want an interim step short of divorce to maintain the possibility that the parties can work things out later and reconcile. Does Florida have any mechanisms to provide protections to spouses and children during a trial separation?
There are times when a Florida judge orders – or an opposing counsel requests – a person to answer standard family law interrogatories. So what are standard family law interrogatories?
Many people believe that, in Florida divorces, there is a legal presumption that mothers should get majority time-sharing (formerly known as primary custody) with the parties’ children. This is simply not the case, as judges fashion Florida time-sharing schedules based solely on the best interests of the children, regardless of the gender of the parents.
Florida Statutes Section 61.13(2)(c)1 states specifically that “[t]here is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.”
So what factors do judges look at to determine children’s best interests when shaping time-sharing schedules?
In the video below, attorney Lee Rosen discusses collaborative divorce, including four principles that make a family law matter collaborative:
Rosen points out that, pursuant to the collaborative participation agreement clients sign to begin the process, a collaborative divorce includes the following principles:
It’s always good to make a good impression when going into a Florida Family Law Court, and one of the best ways to make a good impression is to follow proper etiquette. Fortunately, the Twelfth Judicial Circuit has published its Rules of Etiquette for Family Law cases in Sarasota, Manatee, and DeSoto Counties:
1. Be aware that the judges, general magistrates, hearing officers, or any other court personnel cannot give you legal advice. You may only obtain legal advice from an attorney. You may obtain general information from the Twelfth Judicial Circuit’s website at www.jud12.flcourts.org.
2. Arrive at least twenty (20) minutes before your hearing is scheduled to begin. There are unpredictable times when legal emergencies pressure the court to begin as early as possible. You should know that a judge may also dismiss your case if you are not present at the scheduled time.
3. All persons appearing before the court must dress in an appropriate manner. Shorts, hats, flip-flops, jeans, sneakers, tee shirts, and tank tops are not suitable for the courtroom.
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:
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=a8qlrg7pe7EPart 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:
TAMPA - 3030 North Rocky Point Drive, Suite 150, Tampa, FL 33607
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