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    Every year, thousands of incarcerated mothers enter the prison system already pregnant. Many are youthful offenders or are serving short terms for minor crimes. Nevertheless, they are forced to suffer what many would call the harshest punishment a mother can endure: having her child taken away moments after birth. Lawyers and their clients have struggled over this issue for years. Recent attention has been drawn to the brutal practice of shackling incarcerated women during childbirth and labor. Possibly even more unsettling is the practice of removing children from their mothers moments after they are born. While prison officials often cite the need to maintain the efficacy of the justice system, one must wonder what sort of long-term effect this has on mother-child bonding and whether…

  • Is Collaborative Divorce Right for Us?

    Some people think that collaborative divorce is somewhat of an oxymoron. Perhaps you remember this term from school – something that is contradictory to its very nature, like “pretty ugly” or “seriously funny.” After all, if two people could work together collaboratively, they would not be getting divorced, right? Not exactly. Many people disagree on financial and/or children’s issues but they also simply wish to part ways on friendly terms. For those who want to bypass the misery and cost of traditional divorce, collaborative divorce might just be the answer. How do Floridians get divorced? To dissolve a marriage in a traditional way, the parties must file a petition for dissolution of marriage in court. This gets the ball rolling. However, most divorces end with…

  • When it Comes to your Divorce Terms, your Gender Means Nothing

    In the eyes of the law, men and women are treated equally. This means what when you work through the divorce process, your gender does not play into how your property is divided or how your child custody arrangement is set up. Speak with an experienced divorce lawyer to learn more about what to expect from the divorce process.  Rather than assuming that you will be given more or less time with your child or be required to pay alimony because of your gender, educate yourself about how the court actually determines the terms of a divorce settlement. Yes, Women Can Pay Alimony Alimony is money paid from one partner to the other to prevent him or her from experiencing financial ruin after the couple’s…

  • How is Collaborative Divorce Different from Mediation?

    If you are considering filing for divorce, consider completing the divorce process through alternative dispute resolution (ADR).  There are multiple types of ADR, each of which has unique requirements for the parties involved in the dispute.  What unites them is their common purpose: to allow individuals to avoid the stress and high cost of resolving their legal issues in the courtroom. Generally, two types of ADR are available to divorcing couples: mediation and collaborative divorce. When a couple divorces through mediation, they work with a neutral third party, known as a mediator, to work through each element of their divorce to determine a fair settlement.  In this setting, the mediator guides the discussion to help the couple reach satisfying conclusions.   With collaborative divorce, there is…

  • What Happens to Alimony Under the Recent Federal Tax Reform Law?

    When the word divorce enters a spouse’s mind, and certainly by the time the concept is spoken aloud, fears  about the myriad of issues can be overwhelming.  . Finances are certainly of great concern, as a person’s standard of living is bound to be impacted by severing the marriage. One feature of divorce designed to provide some financial assistance, though sometimes temporarily, is alimony. Alimony, or spousal support, is one matter particularly prone to produce disagreement, since most spouses asked to pay this obligation are quite reluctant, if not overtly hostile. While the media tends to depict spouses asking for alimony as greedy and shallow, most really need the support to avoid dire straits as they seek to find adequate employment. Recent changes to the…

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    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…