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  • Schism and Skew: Common Marital Disasters

    In every marriage, there comes a time when both people must face certain positive and negative aspects of their relationship. Excluding perhaps an incredibly limited minority of individuals, nobody makes it through life without changing or hitting bumps along the way. Marriage is tough. But when do those bumps become blocks? Divorce lawyers commonly see a variety of marital struggles when advising clients. Some are serious and some are not. When it comes to the children, Florida courts primarily focus on what is in the best interests of the child to determine custody matters. However, there are two little known marital conditions that can subtly destroy any marriage. For those who identify with either condition, it may be worth discussing the matter with a trusted…

  • The Collaborative Law Process Act

    Exciting news! Florida has adopted a law codifying the Collaborative approach to family law disputes. Collaborative divorce is a relatively new phenomenon in most states in the U.S., and as such, until now it was largely unregulated, although it has been practiced successfully  around the world for some time.  On March 24, 2016, Florida became the 14th State in the United States to enact a Collaborative Law Statute, with Governor Scott’s signature on the Collaborative Law Process Act (CLPA). This law is an important step for the State of Florida to tell Judges, lawyers and divorcing spouses that Florida supports dispute resolution by the parties themselves without a third party, “the Judge” telling them what the correct outcome is to their divorce. The Act The…

  • Asset Division: Deciding Who Gets What

    By far the most complex part of any divorce is usually asset division. While Florida is an equitable distribution state, which means that the couple’s assets will be divided according to fairness rather than a strict 50-50 split, it can be difficult even within the equitable framework to decide who gets what, and which asset may offset the value of another. There is no set formula, but there are some rules of thumb. Starting From Equal Unlike many other states, Florida law on asset division starts from a somewhat unique place. While the state uses equitable distribution theory, Sec. 61.075 states that a court’s division of assets will begin from the premise that “distribution should be equal, unless there is a justification” for altering it….

  • Do I Need A Collaborative Divorce Team?

    Collaborative divorce is becoming more and more common in Florida, with many couples citing a wish to divorce much more quickly and civilly than the standard court system seems to promote. Since it is a new process, however, oftentimes there are questions to be asked before commencing the process. One of the most common questions is why the need for a team of professionals just to manage one divorce. The easy answer is participation of neutral professionals in a collaborative proceeding is actually one of the process’s greatest advantages over a litigated divorce. Why Do I Need A Whole Team? Most people are used to litigation, where it is essentially you and your lawyer against your spouse and his lawyer, with two sets of separate…

  • Why Is My Divorce Taking So Long?

    When you are in the early stages of your divorce, it might feel as though the divorce process is taking a long time. Many Florida residents who file for divorce want to get through the process quickly, and they want to have their cases settled. However, there are many different issues to deal with in every divorce, and some divorces can take longer than others. Moreover, contested divorces require substantially more time than uncontested divorces.  Understanding the Discovery Process  Discovery is a legal term to describe the procedure that happens before a trial in which both parties obtain information from the other side. When you are dealing with a contested divorce, the discovery process might involve both sides seeking financial information through interrogatories (written questions)…

  • Is a “Collaborative Divorce” Really Possible?

    In reality, a collaborative divorce without fighting or litigation is completely possible for many divorcing couples. With hard work and determination, most couples can come to workable agreements without the need for extended and costly fighting in court. This does, however, require careful planning and competent legal advice from an experienced divorce lawyer. Nevertheless, there are a few key considerations before seeking a collaborative divorce. The Florida Bar and other resources offer important information to know when pursuing a divorce; however, this does not replace the necessity of obtaining the services of a skilled lawyer. Will A Collaborative Divorce Mean I Don’t Have To Fight Over Things? Not necessarily. In fact, many people are completely misinformed about how a collaborative divorce actually works. First of…