One of the most attractive aspects of collaborative law for many clients is the fact that it is conducted in private, with the exception of the uncontested final hearing. In the privacy of one of the lawyer’s or other professional’s offices, the clients can discuss sensitive issues that they might prefer not to air in the public arena of the courtroom; further, the neutral Mental Health Professional guides that discussion in a way that fosters constructive communication among all of the participants, including the attorneys. Another appealing aspect of collaborative law is its flexibility in scheduling. In traditional litigation, virtually nothing happens at the convenience of the clients. In collaborative law, the clients, their lawyers and the neutral professionals schedule everything cooperatively and thus avoid inconveniencing the other members of the collaborative team. In addition, the clients are not under pressure to dispose of their case according to the Court’s often arbitrary docket, which gives them the time to deal with the emotional aspects of the divorce, experiment with different parenting time schedules, sell a home, or do whatever else needs to be done before they finalize their divorce. But by far, the best reason to consider Collaborative Divorce is that you minimize the emotional impact on yourself and your children, preserve a positive relationship with your spouse, and move forward in the next phase of your life without all the anger, resentment and stress that traditional divorce inevitably generates. This is in stark contrast to the stressful nature of litigation, which engenders mistrust, hostility, animosity and long term resentment. High conflict divorces lead to high conflict post-divorce relationships. By eliminating the conflict and the stress that the litigation process itself inflicts on the parties, collaborative law allows the parties to begin healing from those conflicts and stresses that caused the breakdown of the relationship, without adding the toxic effect of litigation.

Section 61.13001, Florida Statutes (2006), titled “Parental relocation with a child,” establishes the procedures involved in the relocation of a child, whether relocation is sought after agreement between the parties or alternatively contested by one party. In the case of a contested relocation, the Legislature has stated that “[n]o presumption shall arise in favor of or against a request to relocate with the child when a primary residential parent seeks to move the child and the move will materially affect the current schedule of contact, access, and time-sharing with the nonrelocating parent or other person.” § 61.13001(7), Fla. Stat. (2006). Instead, section 61.13001(8) states:
The parent or other person wishing to relocate has the burden of proof if an objection is filed and must then initiate a proceeding seeking court permission for relocation. The initial burden is on the parent or person wishing to relocate to prove by a preponderance of the evidence that relocation is in the best interest of the child. If that burden of proof is met, the burden shifts to the non-relocating parent or other person to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child.
(MORE TO COME)

Florida is a no-fault divorce state. What this means to you is that it frankly just doesn’t matter why you’re getting divorced. It only takes one spouse, who has been a resident of the State of Florida for six months prior to filing the Petition, to say that the marriage is “irretrievably broken” and that it cannot be reconciled. That gives the Court jurisdiction to grant a divorce. Who did what to whom is not going to be a factor in your divorce unless there is child neglect or abuse involved, or if a spouse is spending marital assets on an adulterous affair. The former may impact child custody and time-sharing, and the latter may impact the equitable distribution of your financial assets and liabilities.

Just because you are getting divorced doesn’t mean that your responsibilities to one another are over. You both have an obligation to protect your marital assets. You can’t go on a spending spree or start hiding marital assets. It won’t work. There’s always a paper trail, and I have yet to meet a client who was smarter at hiding assets than any half-decent private investigator (or intrepid spouse) couldn’t find using the internet and some good old-fashioned detective work. Transfers to family members are automatically suspicious. Don’t bother. Be honest. You’ll get through the whole process much more easily. You cannot cancel your spouse’s insurance, stop paying ‘their share’ of the bills when you’ve always been the primary breadwinner, and otherwise change the way things had been prior to the filing for divorce. A good rule of thumb is if it seems wrong it probably is wrong. If you wouldn’t want it done to you, don’t do it to your spouse. This is not a time for one-upmanship or spite.

Everyone wants to know about alimony. Are they entitled to it? Are they going to have to pay it? There are several different kinds of alimony, but they all have some things in common. In almost every instance, in order to qualify for an alimony award, the court must find that one party has a need for it and the other party has the ability to pay it.

Permanent, periodic alimony is the first thing people think of when they think of alimony. Those monthly payments that end only when the receiving spouse remarries, cohabitates or dies. Permanent alimony is awarded in cases of a long-term marriage. Exactly what qualifies as long term depends. If you’ve been married for less than 12 years, yours is not a permanent alimony case. If you’ve been married for 12-14 years, you’re in a gray area where a Judge may or may not award permanent alimony. If you’ve been married for 15 years or more, chances are likely that the Judge would award permanent alimony if there is a need and ability to pay. Permanent alimony is generally non-taxable to the paying spouse (deducted from your gross income before taxes) and it is taxable to the receiving spouse (added to your gross income before taxes).

We are all familiar with the traditional divorce model. Spouses each hire lawyers, and begin a journey of litigation, aggravation, character assassination, and tense negotiation until the case is either settled or decided by a Judge. This system puts the two spouses completely at odds with one another. It causes enormous strain on the family, and children are often the pawns caught in the middle. The damage to the divorcing couple’s future relationship is irreparable. Often times, there is continuing litigation after the divorce.
A new model for divorce and family law has emerged and is fast-becoming the hottest trend in Florida. Collaborative law is a unique process where both clients hire separate attorneys whose only job is to help the clients settle their disputes. All participants agree to work together in a collaborative manner. They agree to be respectful and honest, and to participate in good faith to try to reach an agreement which meets both clients’ interests. If the case does not settle in the collaborative process, the lawyers must withdraw and cannot participate in court proceedings. This agreement that the lawyers will not go to court requires the lawyers and the clients to look at the resolution process differently. There is no posturing, threatening or deception. Everyone puts all their proverbial cards on the table……………..more to come!