How Can my Spouse and I Prepare for Our Collaborative Divorce?

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  • 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…

  • Social Media: What Every Client Should Know During a Divorce

    Research suggests that Facebook is mentioned in nearly 90% of all divorces. Some sources suggest the number is closer to a third or 40%. Either way, the fact is that Facebook and other social media sites are quickly becoming a centerpiece in divorces and child custody or support cases. In an increasingly online society, much of our social reality is dictated by and displayed on the Internet. It only makes sense that people often display their dirty laundry with little thought, even when going through legal battles. Nevertheless, here are a few tips for those going through a divorce. Who knows your password? Many spouses may know each other’s login credentials for banking, credit card accounts, email accounts, and even social media sites. Likewise, some…

  • 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…

  • Prison Nurseries: A Controversial Measure to Protect a Mother’s Rights

    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…

  • How Does a Divorce Settlement Affect a Chapter 13 Bankruptcy?

    There are many ways your divorce settlement can affect your Chapter 13 bankruptcy and vice versa.  Completing Chapter 13 bankruptcy is a lengthy process, typically taking three to five years to complete. During this time, many aspects of your life may change, including a possibility of divorce. If you are working through Chapter 13 and considering divorce, or if you are going through a divorce proceeding and are considering filing for bankruptcy, talk to your bankruptcy lawyer about the specific ways you can expect the divorce to affect your bankruptcy. Below are a few general ways bankruptcy intersects with divorce when one spouse files for Chapter 13 bankruptcy on his or her own. The Divorce Court Cannot Divide Assets in the Bankruptcy Estate When you…

  • Professionals you Might Meet During your Collaborative Divorce

    Many couples who choose collaborative divorce choose it because it can be less stressful and more satisfying than divorcing through litigation. A collaborative divorce is completed through a series of meetings between the couple, Financial and Mental Health neutrals and their respective lawyers, during which they create agreements about issues like timesharing, spousal maintenance, and the division of their property.  To reach these agreements, outside professionals may be brought in to make recommendations. A Mental Health Neutral A psychologist will be part of your collaborative divorce by working with you, your spouse, and your children to determine the time sharing arrangement that best serves your children’s best interests.   He or she will help you create a Parenting Plan (if you have children) or simply help…