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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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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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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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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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 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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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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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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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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