Tag Archive for: divorce

Collaborative Divorce: Keeping the Process Out of the Courts

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The following passage of an article from the Collaborative Divorce Institute of Tampa Bay discusses a collaborative law agreement, how parties are encouraged to settle rather than institute a court action, and the differences between collaborative divorce and mediation:

     Once you decide that Collaborative Divorce is right for you, the first step is for each party and their attorney to sign a Collaborative Law Agreement. This agreement serves as a contract which ensures that the lawyers will act solely as settlement counsel only. By serving as settlement counsel your lawyers are contractually barred from ever going to Court in your divorce case. However, if at some point either party decides it would be more beneficial for the Court to settle a particular matter, you can terminate the Agreement at any time. This helps give you ultimate control of how your case is handled and guarantees an outcome suitable for all parties. It is important to remember that if you or the other party chooses to take a contested matter to the Court both attorneys are fired instantly and can not represent you before the court. Because the purpose of Collaborative divorce is to settle matters amicably and civilly, choosing to take a matter to the court is highly discouraged and may be to the detriment of both parties. This feature of Collaborative Divorce also enhances the possibility of a mutually pleasing outcome and encourages attorneys and clients to work in everyone’s best interest.

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What is Collaborative Divorce?

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You may have heard the term “collaborative divorce,” but you may not know what it means.  Below is an explanation from The Collaborative Divorce Institute of Tampa Bay:

What is Collaborative Law?

Collaborative Law, or Collaborative Practice, is a new way for individuals to resolve disputes peacefully and respectfully. It is an approach to dispute resolution which does not include the traditional court system. Collaborative Divorce is a specific area of Collaborative Law which gives people facing divorce the opportunity to resolve their issues amicably and with dignity by offering the invaluable resources of attorneys, mediators, and child and life therapists all at one time and in one place. It is often called a “no-court divorce.” Collaborative Law is for people who wish to work cooperatively with their partner in resolving issues, while maintaining control of their situation and working creatively to find answers that will work in the best interest of all parties, instead of leaving it up to the courts.

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Video: Collaborative Divorce Discussed on the Today Show

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In the video below, collaborative divorce is discussed on NBC’s Today Show.  A couple and their attorneys delve into the benefits and process of this innovative type of family law practice:

As alluded to above, collaborative divorce is a team-centric model.  It is ideal for cases in which children are involved, as the collaborative team focuses on finding ways to maintain civility and a modicum of normality in difficult times.   Clients are in control of the process, as it is outside of the court system and that institution’s often-times rigid schedules and procedures.  Further, privacy is maintained because discussions are confidential and held within private offices rather than in open court.

If you have questions regarding collaborative divorce and wish to speak with a Tampa Bay attorney, call The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or visit fill out our contact form.

Comparison: Collaborative Law versus Litigation and Mediation

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The Collaborative Law Institute of Texas provides the following table which compares collaborative family law to mediation and traditional litigation:

Collaborative Law

Litigation

Mediation

Comments and Explanations
Each party has independent legal advice

yes

yes

sometimes

 Mediators cannot give legal advice to spouses.  Sometimes (but rarely in Texas) clients will go to mediation without lawyers.  This will work in simple cases, but not in complex cases where parties need advice about their legal rights.
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Video: Collaborative Divorce from Clients’ Perspectives Part 2

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Collaborative law is a team-oriented alternative to the traditional litigation model.  It allows for the exploration and implementation of creative, flexible solutions while offering an assurance of privacy.

In the video below (Part 2), several clients* in Texas describe their experience with interdisciplinary collaborative divorce.  The discussion is led by Linda Solomon, a Licensed Professional Counselor, Licensed Marriage and Family Therapist, Board Member of the International Academy of Collaborative Professionals, and Trainer at Lone Star Collaborative Training.

If you have questions regarding collaborative family law and you wish to schedule a consultation with a collaborative attorney in Tampa Bay, call The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our contact form.

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Video: Collaborative Divorce from Clients’ Perspectives Part 1

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Collaborative law is a team-oriented alternative to the traditional litigation model.  It allows for the exploration and implementation of creative, flexible solutions while offering an assurance of privacy.

In the video below, several clients* in Texas describe their experience with interdisciplinary collaborative divorce.  The discussion is led by Linda Solomon, a Licensed Professional Counselor, Licensed Marriage and Family Therapist, Board Member of the International Academy of Collaborative Professionals, and Trainer at Lone Star Collaborative Training.

If you have questions regarding collaborative family law and you wish to schedule a consultation with a collaborative attorney in Tampa Bay, call The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our contact form.

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Where Is Your Prenuptial Agreement?

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The following is sound advice from Mark Chinn regarding keeping track of legal documents (such as prenuptial agreements and final judgments):

I recently heard of a case where the parties are in the midst of a divorce and the prenuptial agreement signed by the parties cannot be located.  It may have been part of an “old document purge” by the law firm that drafted it.  I suggest that clients retain the originals of important documents and that they place them in a bank safe deposit box or a home, fire proof, safe.

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Is Florida the Correct State for My Child Custody Issue?

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Under chapter 61, Florida Statutes, a Florida court generally has jurisdiction for a new custody case (such as (i) divorce involving children’s issues/parenting plan, (ii) paternity/ establishment of time-sharing schedule, or (iii) temporary or concurrent custody of a child by a relative) only if one of the following is true:

  • The child has lived in Florida for at least six months immediately prior to the case being filed (even if the child is or has been temporarily absent from Florida);
  • The child has moved from Florida within the past six months, but prior to that lived in Florida for at least six months; or
  • No other state or country has jurisdiction over the child (or the court of the child’s home state or country has declined jurisdiction) and the child has significant connections to Florida.

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How Do I Discuss My Divorce With My Child?

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Once a couple makes the decision to separate or divorce, one of the most difficult steps will be to discuss this decision with a child.  Risa Garon, a licensed clinical social worker, certified mediator, and Executive Director of the National Family Resiliency Center, Inc., provides the following advice regarding how to discuss an impending separation or divorce with a child:

1. Before you tell the children, speak to your spouse and decide what you will tell the children. Both parents should have the opportunity to speak.

2. Say what you think will be most helpful to them. Many parents want to tell exactly what happened in their adult relationship to their children. Parents can explain to their children how what they want to tell them will help them in understanding the separation.

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Ten Tips To Make A Good Impression In Family Court

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Jeanie Goldstein over at the Divorce Saloon provides a female’s perspective on ten things you can do to make a good impression in a family law courtroom:

1. Wear the right colors – by this I mean the right color for you. There is a science to this. When you wear the right color for you, you are more attractive and tend to have a more favorable impression on people. So don’t wear bright yellow if you can’t pull off that color. Don’t wear black if it makes you look depressed. Don’t wear white if it makes you look washed out. That sort of thing. Get the idea? Wear the right color for you.

2. Wear the right outfits – Don’t go into court looking like a trollop or like an ax murderer. It is an important and impactful event, your divorce, and you should dress respectfully. Think Lindsay Lohan. The girl might be clueless about proper life decorum but have you seen her when she has a court appearance? Very ladylike and stylish I must say.

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