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Tag Archive for: florida divorce

Does Florida Recognize Legal Separation?

September 28, 2013/1 Comment/in Collaborative Divorce //Tags: alimony, child support, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, Florida alimony, florida divorce, legal separation, postmarital agreement, postnuptial agreement, premarital agreement, prenuptial agreement, separate maintenance, separation, spousal support, support unconnected with dissolution of marriage, support unconnected with divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, trial separationby Adam B. Cordover, Attorney-at-Law

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?

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2013-09-28 16:33:162016-03-14 09:52:49Does Florida Recognize Legal Separation?

What Are Florida Standard Family Law Interrogatories?

August 19, 2013/0 Comments/in Divorce //Tags: contested divorce, discovery, divorce, florida divorce, interrogatories, Tampa Bay Divorce Attorneyby Adam B. Cordover, Attorney-at-Law

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?

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2013-08-19 21:54:212016-03-14 11:45:14What Are Florida Standard Family Law Interrogatories?

Florida Divorce and Fathers’ Child Custody Rights

August 11, 2013/0 Comments/in Florida Statutes, Custody Law, Kids //Tags: best interests standard, child custody, co-parenting, collaborative divorce, divorce, father's rights, florida divorce, parent child relationship, parental rights, parenting plan, time-sharingby Adam B. Cordover, Attorney-at-Law

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?

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2013-08-11 10:01:572017-07-12 16:20:43Florida Divorce and Fathers’ Child Custody Rights

Video: 4 Principles of Collaborative Divorce

July 13, 2013/1 Comment/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, florida divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

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:

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2013-07-13 10:58:592016-03-14 16:54:01Video: 4 Principles of Collaborative Divorce

Family Law Courtroom Etiquette in Sarasota, Manatee, and DeSoto Counties

July 4, 2013/1 Comment/in Divorce //Tags: Anna Maria, Arcadia, Bayshore Gardens, Bee Ridge, Bradenton, Bradenton Beach, Cortez, DeSoto County, Desoto Lakes, divorce, Ellenton, Englewood, family law, florida divorce, Fruitville, Gulf Gate Estates, Holmes Beach, Kensington Park, Lake Sarasota, Laurel, Longboat Key, Manatee County, Memphis, Nokomis, North Port, North Sarasoto, Osprey, Palmetto, Plantation, Ridge Wood Heights, Samoset, Sarasota, Sarasota County, Sarasota Springs, Siesta Key, South Bradenton, South County, South Gate Ridge, South Sarasota, South Venice, Southgate, The Meadows, Vamo, Venice, Venice Gardens, Warm Mineral Springs, West Bradenton, West Samoset, Whitfieldby Adam B. Cordover, Attorney-at-Law

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.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2013-07-04 14:19:472016-03-14 16:56:44Family Law Courtroom Etiquette in Sarasota, Manatee, and DeSoto Counties

Collaborative Divorce Video: A True Life Story Part 2

June 8, 2013/0 Comments/in Collaborative Divorce //Tags: business valuation, child custody, child support, collaborative attorney, collaborative divorce, collaborative family law, collaborative financial professional, Collaborative Law, collaborative practice, dissolution of marriage, divorce, equitable distribution, florida divorce, property division, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

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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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2013-06-08 12:08:272016-03-15 09:51:01Collaborative Divorce Video: A True Life Story Part 2

Collaborative Divorce Video: A True Life Story Part 1

June 5, 2013/1 Comment/in Collaborative Divorce //Tags: child custody, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, dissolution of marriage, divorce, florida divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Lawby Adam B. Cordover, Attorney-at-Law

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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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2013-06-05 20:32:492016-03-15 09:56:30Collaborative Divorce Video: A True Life Story Part 1

Tampa Divorce: Adversarial versus Collaborative

May 28, 2013/2 Comments/in Collaborative Divorce //Tags: collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, dissolution of marriage, divorce, florida divorce, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, Tampa Bay Divorce Attorneyby Adam B. Cordover, Attorney-at-Law

If you are getting divorced in Tampa Bay, you have two main options:  Enter the adversarial system or utilize the collaborative process.  How is adversarial divorce different from collaborative divorce?

The term “adversarial” is defined by the Collins English Dictionary as “pertaining to or characterized by antagonism and conflict.”

Anyone who has gone through the traditional divorce litigation process can probably relate and understand why the Florida court system is known as an adversarial system.  A Husband and Wife are forced to face off as adversaries, with each often trying to prove the other a bad parent with poor morals and terrible financial habits, to boot.  They are treated as opposing parties with dueling experts and contrary interests.  Their personal lives are poked and prodded and laid bare in a public forum as they get judged by, well, a judge.  Mediation may be utilized, but litigation attorneys always maintain the threat to do battle in court.

Contrast this to collaborative divorce, a form of dispute resolution offered in Tampa Bay.  A Husband and Wife are treated not as adversaries, but as members of a team who, along with their collaborative attorneys and other professionals, are simply looking for options to settle differences.  A facilitator ensures that communication remains productive and that the spouses focus on their common interests, such as their children.  Often times, a neutral financial professional will help the spouses learn how to maximize the benefit of their assets while minimizing the impact of debt.

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2013-05-28 17:39:002016-03-15 09:57:54Tampa Divorce: Adversarial versus Collaborative

Tampa Bay Collaborative Divorce In A Weekend

May 5, 2013/0 Comments/in Collaborative Divorce //Tags: alimony, child custody, child support, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, divorce, florida divorce, marital settlement agreement, parenting plan, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, uncontested divorceby Adam B. Cordover, Attorney-at-Law

I recently came across an article by Sandra Young and Brian Garvey, collaborative divorce lawyers in Illinois, who offer what they refer to as a “Divorce Weekend.”  This is a fascinating model of collaborative divorce which offers the option of a quick settlement, and there is no reason why a weekend collaborative divorce cannot take place here in Tampa Bay.

This is how the model works:

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https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg 0 0 Adam B. Cordover, Attorney-at-Law https://familydiplomacy.com/wp-content/uploads/2016/12/Family-Diplomacy-Logo.jpg Adam B. Cordover, Attorney-at-Law2013-05-05 13:30:582016-03-15 11:13:10Tampa Bay Collaborative Divorce In A Weekend

Florida Divorce – What If I Deny That My Marriage Is Irretrievably Broken?

December 23, 2012/0 Comments/in Florida Statutes //Tags: contested divorce, divorce, florida divorce, no fault divorce, religious objection to divorce, Tampa Bay Divorce Attorneyby Adam B. Cordover, Attorney-at-Law

In the 1970’s, Florida followed the trend of other states by adopting “no fault divorce.”  Prior to this, parties needed to allege a reason for a divorce, such as infidelity, domestic violence, or impotence.  Once Florida become a no fault state, all that needed to be alleged was that the marriage was irretrievably broken.

But what if one party denies that the marriage is irretrievably broken?  Florida Statutes section 61.052(2)(b) addresses this possibility:

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