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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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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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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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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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
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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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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