Adoption

If LGBT parents are committed to raising a child together and recognizing each parent’s rights, I highly recommend that partners consider adopting each other’s children.  This helps form an unbreakable legal bond between the children and each partner.  Though the law is unsettled in this area, the judges in Hillsborough County (including Tampa) are granting adoptions by LGBT partners.  What’s more, an adoption attorney located in Hillsborough County (such as myself) can help Florida parents come before Hillsborough County judges no matter where in Florida the parents live.

Co-Parenting Agreements

Co-parenting agreements can be great evidence that LGBT partners intend to parent children together.  It can boost the argument that “psychological parenting,” or the formation of a parent-like relationship between a child and a non-legal parent has occurred, and make it or more likely that parental rights will be recognized by Florida’s legal system.

Hyphenated or Unified Last Names

A hyphenated or unified last name can go a long way in demonstrating to the Florida legal system that partners intended to raise children together.  For example, if partner 1 is named Jones, and partner 2 is named Smith, it would be helpful to have all partners and children’s last names hyphenated or unified, so that everyone has a last name of Jones-Smith, Smith-Jones, Smones, Jith, etc.  Florida has laws to aid in legal name changes which can help in this process.

Domestic Partnership Registries

Tampa and many of the surrounding areas have created domestic partnership registries that can help LGBT partners put the state on notice that they are in a committed relationship.  The registry provides partners rights such as healthcare visitation and healthcare decision-making authority in case of incapacity, but it may also have the ancillary effect of providing proof that a family unit and parenting partnership was intended.

Collaborative Family Law

In the event that LGBT parents break up, because Florida law is still in many ways backwards, it is best that partners utilize a private dispute resolution process such as collaborative family law rather than risk their rights not being recognized in court proceedings.  In the collaborative model, attorneys are engaged solely to settle disputes privately and are contractually barred from bringing contested issues to be decided by a judge.  A facilitator is engaged to keep everyone’s focus on the best interests of the family and the children and to keep communication productive.  A financial professional is engaged to help untangle the combined assets and debts of the parties (unlike married parties, under Florida law this is an especially technical undertaking for LGBT partners) and provide options for support.

If you want to learn more about your family law rights and schedule a consultation with a Tampa Bay family law attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our online form.

For all these clients, I suggest that they utilize the collaborative method when developing a prenuptial agreement with their future spouse.

In this process, the Parties each hire an attorney and sign a participation agreement in which they agree to be open and transparent when developing the prenuptial agreement.  A neutral collaborative facilitator is retained to help determine each client’s interests, ensure that communication is being expressed respectfully and productively, and move the process forward.  A neutral accountant or financial planner is retained to review and organize the necessary financial documents, ensure full disclosure that would help validate the prenuptial should it ever be challenged, and provide financial options for the clients.

In sum, utilizing the collaborative process just makes sense when drafting a prenuptial agreement because (i) it aids in transparency and ensures fairness for the less wealthy spouse while (ii) it also provides confidence to the more wealthy spouse that the prenuptial agreement will likely be upheld if ever challenged in court.

If you have questions regarding how a Tampa Bay collaborative process can help you with a prenuptial, postnuptial, or marital settlement agreement, schedule a consultation with The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our contact form.

Adam B. Cordover is Vice President of the Collaborative Divorce Institute of Tampa Bay and is a member of the International Academy of Collaborative Professionals.  Adam served on the taskforce that drafted the Hillsborough County collaborative family practice administrative order signed by Chief Judge Manuel Menendez.

The presentation was part of a continuing education seminar on Alternatives to Divorce Litigation.

Much of the presentation centered around the principles of collaborative family law:

1. A pledge not to litigate;
2. Full disclosure of relevant information by the parties; and
3. Customized results that take into account the highest priorities of both spouses and their children.

If you have questions regarding how a Tampa Bay collaborative divorce process can help you, schedule a consultation with The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our contact form.

Adam B. Cordover is Vice President of the Collaborative Divorce Institute of Tampa Bay and is a member of the International Academy of Collaborative Professionals.  Adam served on the taskforce that drafted the Hillsborough County collaborative family practice administrative order signed by Chief Judge Manuel Menendez.

Chapter 61 of the Florida Statutes states that most types of alimony may be modified or terminated when there has been a substantial change in circumstances that affects the receiving spouse’s need for alimony or the paying spouse’s ability to pay. Case law tells us that a “substantial change in circumstances” means a change that was unanticipated at the time the alimony was ordered by the Court, and a change that is permanent, involuntary, and material. Examples of substantial changes in circumstance that may justify upward or downward modification include health issues, long-term unemployment, a big raise, or a large inheritance.

Even if a change in circumstances is voluntary, a modification or reduction of alimony may be granted if the change is a smart and well thought out decision. For example, imagine a scenario where a Husband was an umbrellas salesman at the time he was ordered to pay permanent alimony, but, because of changes in the weather pattern, he has chosen to switch careers and take a position as a salesman of dust busters. Though this position pays much less than the person received at the height of the rainy climate, it is now much more stable with the possibility of long-term advancement. If the now former husband can show that this voluntary reduction in income was prudent, he may still be able to get his alimony obligation reduced or terminated.

Additionally, a judge may reduce or terminate an award of alimony upon finding that the receiving spouse is now in a supportive relationship. Section 61.14(1)(b)(2), Florida Statutes, provides guidelines to determine whether such a relationship exists.

You should understand that there are situations where alimony is not modifiable or able to be terminated.  Lump sum alimony is non-modifiable, as are many awards of bridge-the-gap alimony.  Additionally, some marital settlement agreements explicitly waive the right to modify alimony.

One last point: A judge will only reduce or terminate alimony if you properly ask for the modification. If you simply stop paying alimony, you may face sanctions, such as paying your former spouse’s attorney’s fees, having your driver’s license suspended, or possibly even spending some time in jail. Consult with a Florida family law attorney to see whether alimony in your case may be modified.

If you are seeking to modify your alimony obligation, and you wish to set up a consultation with a Florida alimony attorney, contact The Law Firm of Adam B. Cordover, P.A., by calling us at (813) 443-0615 or filling out our contact form.

This is how the model works:

Each party retains an attorney trained in collaborative family law (click here to find other locally trained collaborative divorce lawyers).  The parties and attorneys agree from the beginning that they will be transparent and settle all issues privately in the collaborative process, and they will not fight in public court battles.  They further agree that, if this promise to settle all issues privately is not kept, then the collaborative attorneys must withdraw (this further incentivizes the attorneys to help the parties reach an amicable agreement).

Further, a facilitator is retained to help focus the parties and attorneys on their goal of a quick resolution and a neutral financial professional is retained to help divide assets and liabilities (and deal with issues of support) in a way that is most advantageous to the parties.  The attorneys can provide recommendations on which facilitator and financial professional should be chosen.

The professionals and parties agree to set aside a full weekend (Saturday and Sunday) to settle all issues of the divorce.  A checklist of mandatory financial disclosures (such as pay stubs, tax returns, bank statements, and investment statements) is provided to the clients, and they must forward all of the requested documents, as well as a draft financial affidavit, to the financial professional at least 10 days prior to the divorce weekend.

Prior to the weekend, the facilitator will have spoken to each client to determine the client’s  interests and goals.  Additionally, each client will have met with his and her respective attorney to prepare for the weekend.  If there are children involved, then the parties will have attended the required parenting course.

When the weekend begins, all of the professionals and clients will sit around a table and attempt to hammer out a settlement that is fair and agreeable to both clients.  So that the focus can be solely on settlement, arrangement for child care will have been made beforehand, cell phones will be turned off, and the only thing scheduled for the weekend will be the collaborative meeting.

This is an intensive working session that can last through lunch and dinner and well into the evening.  By the time the weekend is over, a marital settlement agreement, parenting plan (if applicable), and all other documents necessary for the divorce should be signed.  The only things that would be left is to (i) file the petition for divorce and accompanying documents and (ii) schedule an uncontested final hearing, which usually can be had within 2 to 4 weeks (depending on the judge’s schedule).

Of course, we as attorneys cannot guarantee that you and your spouse will be able to come to an agreement over the weekend.  However, the collaborative attorneys, facilitator, and financial professional working together will give you the best opportunity to meet that goal of a weekend divorce.

If you have questions regarding how a Tampa Bay collaborative divorce process can help you, schedule a consultation with The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our contact form.

Adam B. Cordover is Vice President of the Collaborative Divorce Institute of Tampa Bay and is a member of the International Academy of Collaborative Professionals.  Adam served on the taskforce that drafted the Hillsborough County collaborative family practice administrative order signed by Chief Judge Manuel Menendez.