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What Can I Do To Reduce The Costs Of My Florida Divorce?

Going through divorce in Florida can be a very expensive proposition.  No matter which path you choose for your divorce, you are going to be spending money.  However, there are things you can do to reduce your costs.

1.  Agree to the Collaborative Family Law Process

The first thing you and your spouse can do is retain collaboratively-trained attorneys and agree to use the collaborative family law process.  In the collaborative process, you and your spouse each hire separate attorneys for the sole purpose of helping you reach a settlement.  Collaborative attorneys are prevented by contract from engaging in expensive contested courtroom proceedings.  Accordingly, they focus their attention – and your resources – on helping you and your spouse come to an agreement, rather than preparing for trial or playing litigation games.

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Video: Tampa Collaborative Law Streamlined Protocols Training Overview

Attorneys, psychologists, licensed mental health counselors, marriage and family therapists, accountants, financial advisers, and mediators interested in being trained to offer cost-effective collaborative practice services to family law and other clients will have the opportunity March 20-22, 2014, in Tampa, Florida.  Next Generation Divorce and the Tampa Bay Collaborative Divorce Group are sponsoring a 3-day basic and advanced training in the Streamlined Protocols of Collaborative Law.

Vicki Carpel-Miller, one of the collaborative trainers, provides an overview of the streamlined protocols training in the video below (after the jump):

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Collaborative Divorce Consultation: I Will Meet With Both Spouses

When prospective divorce clients call in my Tampa office and ask whether both spouses can attend a consultation, they are often relieved to learn that I am willing to meet with both spouses.  I did not always have this policy.  In fact, most Florida divorce attorneys refuse to allow both parties to attend a consultation together.

There is a strict prohibition against an attorney representing both parties to a divorce, and most lawyers want to avoid even the appearance of representing both spouses.

And I, like other attorneys, cannot represent both spouses.  But what I can do is invite divorcing spouses into my office and discuss with them the available process options.  Of course, I will talk with them about traditional litigation, which is the court battle that often comes to mind when people think about divorce.  I will bring up mediation, which is a great form of alternative dispute resolution that allows parties to come to an agreement, but which leaves open the door for their mediation attorneys to engage in detrimental litigation if a full settlement is not reached.

And I will talk about collaborative divorce, which is a voluntary, private process in which the parties and their attorneys agree from the very beginning that they do not want to engage in nasty, public court fights.  In fact, the spouses, who each will have their own individual attorney, sign a participation agreement that states that their attorneys must withdraw if the parties cannot come to an agreement.  Collaborative divorce has a success rate of nearly 90%, so this withdrawal clause hardly ever comes into play, but it allows clients to be open in negotiations without worrying that their spouse’s attorney is keeping an ear open for opposition research to use in trial later on.

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What Is A Florida Parenting Plan?

Any Florida parent who is going through a divorce with children or otherwise dealing with child custody issues will need to have a parenting plan.  A parenting plan is document that is either agreed upon by the parents or created by a judge that sets out each parents’ rights and responsibilities.  The Sixth Judicial Circuit (Pinellas and Pasco Counties) further describes a parenting plan as follows:

It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. Florida Statutes, section 61.13(2)(c).

A parenting plan is a document developed and agreed to by the parents of a minor child, and approved by the court, or if the parents cannot agree, established by the court, which governs the relationship between the parents regarding the child (encompassing “custody”, “parental responsibility”, and “visitation”). A parenting plan may address issues such as the child’s education, health care, and physical, social, and emotional well-being, and must include a time-sharing schedule. The parenting plan must take into account the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, the Parental Kidnapping Prevention Act, and the Hague Convention on the Civil Aspects of International Child Abduction when addressing jurisdictional issues.

For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration.

Any parenting plan approved by a court must address the following issues:

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A Really Quick Divorce Option in Florida

The Chicago Tribune recently reported on a form of collaborative family law being offered as a “Weekend Divorce.”  Here is more:

Breaking up is hard to do—even when both husband and wife are ready to bring their marriage to an end. As a result, divorce can often be financially devastating and time consuming.

Against that backdrop, attorneys Sandra Young and Brian Garvey have developed an innovative antidote that is believed to be the first of its kind anywhere: “The Weekend Divorce.”

A centerpiece of their streamlined approach is booking a hotel conference room for two days and negotiating every detail of the divorce agreement and signing all documents by the time the couple leaves on Sunday.

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Collaborative Divorce (aka Collaborative Law or Collaborative Practice) is a “no-court-client-centered” dispute resolution process that separating spouses can use with the help of specially trained and licensed legal, mental health and financial professionals.

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