In 2020, the Supreme Court of Florida adopted collaborative divorce forms. See Florida Family Law Rules of Procedure Forms 12.985(a)-(g). See In Re Amendments to the Florida Family Law Rules of Procedure – Forms 12.985(a) – (g) (Collaborative Law Process), 345 So. 3d 1, Case No. SC19-1032 (Fla. October 14, 2020). These forms are for […]
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Frequently asked questions regarding Florida Collaborative Divorce.
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How can people resolve church property disputes in Florida without years of costly court battles? The collaborative law process for religious disputes offers a faith-friendly alternative. Issues that arose in First United Methodist Church of Hobe Sound, Florida, Inc. v. Board of Trustees of the Florida Annual Conference of the United Methodist Church, Inc., Case
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By Michael P. SampsonFebruary 17, 2026 Three and a half decades ago, Stu Webb sounded a note that sent hearts racing. People who heard him developed, harmonized, and amplified his first note. Creative, smart, driven, humble leaders, first in California, then well beyond, added depth and direction to a movement that became Collaborative Practice. The
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Please see the statewide chart of enactment of the Uniform Collaborative Law Act (UCLA), with links to state laws or rules. As discussed below (see History), Collaborative practice started in 1990, evolved, and grew. In 2010, the National Conference of Commissioners on Uniform State Laws finalized the Uniform Collaborative Law Rules and Uniform Collaborative Law
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By Michael P. Sampson Sampson Collaborative Law You saved money before getting married. You fell in love and tied the knot without a prenup. Now, your marriage is falling apart. You’re thinking about divorce and discover that your savings might be split. Why? You mixed your pre-marriage money with money earned during the marriage. In
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By Michael P. Sampson Sampson Collaborative Law, January 5, 2026 Divorce can feel overwhelming, especially when it’s time to divide the marital home. In Florida, whether realtor fees and closing costs come off its value depends on the Imminent Sale Doctrine and solid evidence. Courts stick to strict guidelines, but the collaborative process offers couples
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RULE 12.745. COLLABORATIVE LAW PROCESS (a) Application. This rule governs all proceedings under chapter 61, part III, Florida Statutes. (b) Collaborative Law Process. (1) Initiating Process. (A) A collaborative law process begins, regardless of whether a legal proceeding is pending, when the parties sign a collaborative law participation agreement. (B) When a proceeding is pending
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The Collaborative Law Process values client control and self-determination. By retaining power to resolve disputes, they can express themselves and participate in teh collaborative process in ways and at levels other processes not primarily focused on them don’t encourage.
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Effective July 1, 2023, Florida law provides for support for Florida dependent adult children. Section 61.1255, Florida Statutes sets out procedures for establishing support and factors a judge must consider in deciding the right amount. See CS/CS/226 (signed June 12, 2023) and Laws of Florida, Ch. 23-213. Consider the collaborative process to help plan for
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Experts routinely help decision makers understand complex issues. Blurry pictures come into sharp focus. Gaps in understanding get filled.
Likewise, to clients who choose the Collaborative Law Process to resolve their issues, Collaborative allied professionals provide quality information and helpful knowledge.
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On December 5, 2019, the Florida Supreme Court amended the form for income deduction orders. Florida Family Law Form 12.996(a).
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By Michael P. Sampson ABA Just Resolutions, February 22, 2022 Updated May 5, 2026 A Climate of Positive Energy Valentine’s Day 1990. The founder of the Collaborative movement, Stuart G. Webb, writes to the Honorable A.M. “Sandy” Keith, Justice of the Minnesota Supreme Court. Mr. Webb’s love interest? A power source for creative settlement he’d
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Florida favors settlement agreements of family law disputes. Parents may agree to take on obligations based on future events. That’s true even if a court otherwise couldn’t impose those obligations. This power parents have in collaborative divorce to make marital settlement agreements makes collaborative special. Purpose of Florida’s Divorce Statute Includes Promoting Settlement Since July
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What is a Parenting Plan? In Florida, a ‘Parenting Plan’ governs the relationship between parents “relating to decisions that must be made regarding the minor child.” Section 61.046(14), Florida Statutes. See CN v. IGC, 316 So. 3d 287 (Fla. 2021). A court’s authority to order parenting plans comes from section 61.13(2), Florida Statutes. That section sets out minimum
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By Michael P. Sampson Sampson Collaborative Law, August 26, 2025 What are the six defenses to child abduction claims under the Hague Convention? A parent who moves with a child from the child’s home country to another country, or retains the child in the other country, may face accusations that the move or retention is
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The Supreme Court of Florida amended the Florida Rules for Qualified and Court-Appointed Parenting Coordinators (“Parenting Coordinator Rules”). See In Re: Amendments to the Florida Rules for Qualified and Court-Appointed Parenting Coordinators, 345 So. 3d 714 (Fla. 2021). Effective October 1, 2023, the Parenting Coordinator Rules define “coparent,” list many functions of a parenting coordinator, and
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What happens to your beneficiary designations of your spouse when you divorce? With few exceptions, when you divorce in Florida, provisions of your will that “affect” your ex are void, under section 732.507(2), Florida Statutes. It doesn’t matter if the marriage occurred before or after you signed your will. Will Provisions that “Affect” an Ex-Spouse
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Employers: think about reminding your employees to update their beneficiary designations and forms after divorce. For multiple covered assets, section 732.703, Florida Statutes voids upon divorce beneficiary designations of an ex-spouse. See State Farm Life Insurance Company v. Stone, Case No. 5:15-cv-267-Oc-30PRL (MD Fla. October 9, 2015). In Stone, the court allowed interpleader of disputed proceeds of
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Introduction How does divorce affect your beneficiary designation of your ex when you die? Multiple assets covered under Florida’s automatic revocation statute, Section 732.703, Florida Statutes, pass as if your surviving ex-spouse died first. How it Plays Out: Life Insurance Beneficiary Designations A former wife named as primary beneficiary on her former husband’s life insurance policy claims
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Collaborative Parenting Plans in Florida divorce or paternity cases may address your child’s future best interests in ways Florida family judges can’t. Judges are not prophets: a judge has no crystal ball to see how future events might affect your child’s best interests. In making decisions about parenting, a family judge generally can’t engage in “prospective-based”
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Judges Must Make Decisions About Children’s Best Interests Based On Present Facts, Not Future Best Interests. Judges must decide parenting issues based on your child’s best interests as of the final hearing, not on your child’s future best interests. A judge has no crystal ball to determine if parenting plan changes, triggered by future events,
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When Can a Judge Look Ahead? When ordering a parenting plan in a Florida divorce or paternity action, the judge generally must stick to the present. The judge must make determinations based on findings about your child’s present best interests. That means avoiding “prospective based determinations” about your child’s future best interests. But what about
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Parenting plans govern parents’ future conduct in relationship towards each other and towards their children. These relationships comprise regular and holiday timesharing schedules, decision making about major events in a child’s life, and communications. Parents and judges necessarily look ahead to create parenting plans that promote children’s best interests. Therefore, parenting plans entail prediction. Yet, under
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In Florida, parents face an extraordinary burden for modification of a parenting plan. This burden is called the “substantial change in circumstances” test. The test for modification applies unless the initial final judgment provides otherwise. In Wade v. Hirschman, 903 So. 2d 928 (Fla. 2005), the Florida Supreme Court considered the issue of what test trial
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When considering parents’ agreements, judges must safeguard children. A court isn’t bound by parents’ agreements regarding child support, custody, or visitation. Feliciano v. Feliciano, 674 So. 2d 937 (Fla. 4th DCA 1996); see also Yitzhari v. Yitzhari, 906 So. 2d 1250, 1257 n. 4 (Fla. 3d DCA 2005). A Court’s Responsibility to the Child Florida family law judges have a
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Parents in Florida divorce and paternity cases may anticipate and plan for events reasonably certain to occur in their children’s lives. They may enter into parenting agreements that flexibly adjust provisions when predicted and planned for events take place. Case Examples of Events Reasonably Certain to Occur For example, in Rivera v. Purtell, 252 So.
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A court has an ongoing obligation to safeguard minor children’s best interests. Collaborating parents may agree to enlist court review to approve modifications when events they anticipated in their parenting plans occur. Parents’ attempts to trigger automatic modifications for uncertain future events, which may not take place for months or years (if they ever do),
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Many parents agree to resolve privately future impasses if they can’t agree on decisions for their children. Parents who choose the collaborative process appreciate court fighting can be costly and drawn out. These concerns apply equally for initial proceedings and for future modification actions. Therefore, to resolve impasses, consider returning to the collaborative process or
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Can parents build contingencies in parenting plans for future events? For events you anticipate that are reasonably certain to occur, can you build automatic modifications into your parenting plan? CN v. IGC: Leaves Open Question of Whether Agreed On Contingencies are “Modifications” In CN v IGC, 316 So. 3d 287 (Fla. 2021), a mother invited
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You may agree your judgment will provide for a different burden for modification than the substantial change in circumstances test. Read more about that extraordinary burden here. Authorizing Agreements to a Different Burden for Modification than the Onerous Substantial Change in Circumstances Burden The Supreme Court of Florida noted a judgment could provide a different
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This Beneficiary Designations Checklist for collaborative teams can help couples develop options for beneficiary designations after divorce. Collaborative Practice teams may use the checklist when one spouse may want the other named as beneficiary of insurance policies, annuities, accounts, or other assets. The couple and their Collaborative Practice team may follow the checklist work towards
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On divorce, Florida law automatically revokes insurance policy beneficiary designations in favor of an ex-spouse. But, to avoid automatic revocation on divorce, you and your spouse may say in your collaborative marital settlement agreement you intend to designate one or the other as beneficiary. Otherwise, on entry of a final judgment of dissolution of marriage, most
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Spouses should know Florida Statutes automatically revokes certain will provisions upon a final judgment of dissolution or annulment. Florida’s automatic revocation on divorce statute section 732.507(2), Florida Statutes may void provisions of a will that “affect” a former spouse. After a Florida divorce, courts must administer and construe wills as if the former spouse had
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Florida law revokes on divorce beneficiary designations that “affect” an ex-spouse. For more, read Automatic Revocation of Will Provisions that Affect an Ex-Spouse, Update Florida Beneficiary Designations After Divorce and Divorce and Beneficiary Designations — Florida Statutes §732.703. Therefore, to avoid automatic revocation of beneficiary designations on divorce, Collaborative Marital Settlement Agreements should address interests in:
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How do parenting plans provide for consent to mental health treatment for a child? What does “mental health treatment” even mean and include? Further, what if parents don’t agree on mental health treatment their child should continue, undertake, or stop? In this context, how does shared parental responsibility and decision making work? Specifically, may one
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Parents in Florida divorce and paternity cases decide if they will share parental responsibility and decision making for their child. Therefore, they must agree to a “Parenting Plan” or have a judge decide on a plan. In collaborative practice, parents work with a collaborative neutral facilitator and collaborative professional team. How does that work? The
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Parents who “share parental responsibility” retain full parental rights and responsibilities for their child. This means both parents confer with each other to make decisions for their child. See Section 61.046(17), Florida Statutes. In sharing responsibility for decisions, parents generally must communicate with each other. They must try to agree about important decisions. Most parents would
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Florida law treats consent to a child’s “mental health treatment” differently from other shared major parental decisions. Most parenting plans say parents will share parental responsibility. For such plans, section 61.13(2)(b)3., Florida Statutes, requires providing that either parent retains consent to mental health treatment for their child. Parenting Plan Must Provide for Each Parent’s Consent to Mental
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In 2016, Florida law changed to mandate, in parenting plans designating shared parental responsibility, that either parent retains consent to their child’s mental health treatment. See Section 61.13(2)(b)3., Florida Statutes, amended by Laws of Florida 2016-241. Analysis of the final version is available here. A parenting plan that doesn’t provide for either parent to consent
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How do courts in Florida handle shared parental responsibility over a child’s health care? Florida family judges must determine parenting matters according to the child’s best interests and the Uniform Child Custody Jurisdiction and Enforcement Act. Exception to Best Interests: Modification of Parenting Plan There is an exception. Modification of a parenting plan and
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Florida’s divorce and paternity statutes don’t define “mental health treatment.” When they’re sharing parental responsibility, each parent retains parental consent to mental health treatment. However, when parents define “mental health treatment” and clarify and agree to the scope of “mental health treatment” for their child, they may avoid confusion and future litigation. Parents in collaborative
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Florida law provides either parent may consent to their child’s mental health treatment. But, what is “mental health treatment? Are there definitions of “mental health treatment” that may guide divorcing parents? The answer is there are definitions of “mental health treatment.” Such definitions may guide parents and their Florida collaborative practice team. That way, parents
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Parents in the Collaborative Process may consider using definitions of “mental health treatment.” This article give example language using definitions. For more about what “mental health treatment” means, read the discussion here. Example Language- Mental Health Treatment For our Parenting Plan, “Mental Health Treatment” means these techniques, as defined in Florida Administrative Code, Rule 63N-1.0081:
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When Florida parents divorce and share parental responsibility, either may consent to mental health treatment for a child. Therefore, mental health treatment providers generally may accept informed consent by only one parent to mental health treatment. Informed Consent by One Parent: Each Parent Has a Fundamental Right to Direct Their Child’s Mental Health Parents’ Bill
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This post summarizes Florida mental health informed consent rules for mental health providers. Florida parents who divorce typically share parental responsibility. When they do, either may consent to mental health treatment for a child. Each parent remains their child’s natural guardian. See Section 744.301(1), Florida Statutes. As summarized in the table below, mental health treatment
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One parent disagrees with the other parent’s consenting to mental health treatment for their child. They share parental responsibility, so each parent retains consent to. mental health treatment. To move forward, the parents may often face costly, time consuming, and inadequate remedies. The parent who doesn’t consent may ask the court to modify the parenting
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By Michael P. Sampson (part 1 of 8) This section introduces corporation or trust challenges to service of process and jurisdiction in Florida divorce. What corporation or trust challenges to service of process or jurisdiction are available to get out of a Florida divorce case? This series discusses corporation or trust challenges to service of
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By Michael P. Sampson (part 2 of 8) This section discusses challenges to service of process in Florida divorce. Service of Process – Effective Service is Required A corporation or trust a spouse names in a Florida divorce may first consider a challenge to service of process. Through effective service of process, the spouse notifies
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By Michael P. Sampson (part 3 of 8) This section discusses the importance of alleging personal jurisdiction in family law pleadings. For the Florida court to adjudicate claims against the corporation or trust, does the family law pleading allege personal jurisdiction over the entity? If service of process on an entity is sufficient in the
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By Michael P. Sampson (part 4 of 8) This section discusses Florida’s Long-Arm Statute and the Alter Ego basis for personal jurisdiction over a corporation or trust in a Florida divorce. A spouse may attempt to bring in a corporate entity or trust into the divorce either under the Florida Long-Arm Statute or on an
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By Michael P. Sampson (part 5 of 8) This section discusses specific jurisdiction and general jurisdiction. Introduction: Specific and General Jurisdiction In Florida family law, extending long-arm jurisdiction to a foreign corporation, trust, or nonresident entity requires satisfying a two-pronged test. First, a spouse must establish a basis under Florida’s long-arm statute. Specific jurisdiction applies
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ByMichael P. Sampson (part 6 of 8) This section discusses the alter ego basis for jurisdiction in a Florida family law action. Alter Ego Basis for Jurisdiction: Piercing the Corporate Veil The two-step process for establishing long arm jurisdiction does not apply when a spouse is traveling under a different theory: the alter ego basis
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By Michael P. Sampson (part 7 of 8) This section discusses important principles related to jurisdiction over property. In Rem Jurisdiction Over Property Located in County Where Florida Divorce Is Pending If property at issue in a divorce case is within the court’s jurisdictional boundaries, it doesn’t matter if the owners or those claiming an
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By Michael P. Sampson (part 8 of 8) This section discusses how important sworn affidavits are to support challenges to jurisdiction in a Florida divorce. Sworn Affidavits or Declarations: Be Prepared! An entity drawn into a family law dispute typically must assemble sworn affidavits or sworn declarations to support challenges to service of process or
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This final installment of a 7-part series about domestic partnership agreements answers frequently asked questions (FAQs) about them. Using the Collaborative Process for Negotiating a Domestic Partnership Agreement The Collaborative Process can assist a couple with negotiating a domestic partnership agreement. A full collaborative team includes a lawyer for each party, a neutral financial professional, and a
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This sixth installment of a 7-part series about Domestic Partnership Agreements discusses financial disclosures and privacy. To avoid later attack on the domestic partnership agreement, the partners should make fair and reasonable financial disclosures to each other. Disclosures to Consider For Florida “family law matters” (which Florida Family Law Rule of Procedure 12.010 defines broadly) such as
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This fifth installment of a 7-part series about Domestic Partnership Agreements discusses survivor’s rights on death. Florida law provides for survivor’s rights if a married person dies before the other spouse and they have no premarital or postnuptial agreement. But for unmarried domestic partners, Florida law provides no survivor benefits upon the decedent’s death. Through
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This second installment of a 7-part series about domestic partnership agreements discusses the home and joint expenses. Partners Acquiring a Home Together Two people may acquire a home together. They may contribute different amounts to the purchase price. During their relationship, they may contribute different amounts towards improvements, the mortgage, insurance, and property taxes. Further, they
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This first installment of a 7-part series gives an overview of domestic partnership agreements. Married and Unmarried Committed Couples Many couples who could not legally marry now can. In Obergefell v. Hodges, The United States Supreme Court described the fundamental right to marry, commit to, and intimately associate with the person you love through marriage
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This fourth installment of a 7-part series about Domestic Partnership Agreements discusses support when the couple’s relationship ends. Florida law generally provides, when there is no premarital agreement, a spouse’s right to alimony on divorce depends on the spouse’s need for alimony and the other spouse’s ability to pay. But, when a couple is not
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This article discusses Florida’s ethical rule for the collaborative law process in family law matters, including collaborative divorce. Florida’s Collaborative Law Process Act, section 61.56, Florida Statutes, took effect July 1, 2017. On May 18, 2017, the Supreme Court of Florida adopted Florida Family Law Rule of Procedure 12.745 and Rule 4-1.19, Rules Regulating the Florida Bar. Collaborative
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What does custody of children by an extended family member look like in Florida? An “extended family member” may ask the court for “temporary” or “concurrent” custody of a child. Does Florida give rights to “psychological parents?” Custody of a child is “temporary” if the award excludes the parents. It’s “concurrent” if the extended family
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Florida’s collaborative law system for collaborative divorce has four parts: a statute, a family law rule of procedure, an ethical rule, and Florida Supreme Court Approved Family Law Forms. Florida’s Collaborative Law Process Act, section 61.56, Florida Statutes, took effect July 1, 2017. On May 18, 2017, the Supreme Court of Florida adopted Florida Family
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By: Hanna Horvath, Policygenius The richest couple in the world is a couple no more. What is a prenup? Jeff Bezos, the CEO of Amazon and the richest man in the world, announced he and his wife, MacKenzie, are getting divorced. The couple hadn’t signed a prenuptial agreement, meaning his soon-to-be ex-wife could be walking
Why Jeff Bezos should have gotten a prenup & why you should too Read More »
This third installment of a 7-part series about Domestic Partnership Agreements discusses separate and joint property. Separately-Acquired and Jointly-Acquired Property Domestic partnership agreements should list or include an attached schedule of each party’s separate property. If the parties agree, the agreement should protect ownership of property and interests in trusts as separate property. Such agreements typically
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PART III, CHAPTER 61, FLORIDA STATUTESCOLLABORATIVE LAW PROCESS ACT 61.55 Purpose.61.56 Definitions.61.57 Beginning, concluding, and terminating a collaborative law process.61.58 Confidentiality of a collaborative law communication. 61.55 Purpose.—The purpose of this part is to create a uniform system of practice for the collaborative law process in this state. It is the policy of this state to encourage the peaceful resolution
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The Challenge: In collaborative divorce, dividing retirement accounts can be tricky. Collaborative teams, usually with a neutral collaborative financial professional’s help, must often figure out premarital and marital components of retirement assets. How might the collaborative team approach the challenge? Premarital Accounts Calculator: One tool that may be useful as the collaborative team develops
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In the Matter of the Adoption of DPP, 158 So. 3d 633 (Fla. 5th DCA 2014), the Fifth District Court of Appeal reversed an order vacating a second parent adoption. Trial Court Undoes Same Sex Adoption The trial court terminated the parent-child relationship between a mom (G.P.), and the parties’ child and voiding the adoption.
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