Frequently asked questions regarding Florida Collaborative Divorce.
FAQs Florida Collaborative Divorce
Family Law Pleadings: Allege Personal Jurisdiction
By Michael P. Sampson (part 3 of 8) 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…
Long-Arm Statute or Alter Ego? Personal Jurisdiction Over Corporation in Florida Divorce
By Michael P. Sampson (part 4 of 8) 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 alter-ego theory. To pull in the foreign corporation…
Long-Arm Jurisdiction: Specific or General?
By Michael P. Sampson (part 5 of 8) First Prong: Is Personal Jurisdiction Over the Corporation or Entity Appropriate Under Florida’s Long Arm Statute? The first prong of the two-pronged test for bringing a foreign corporation or trust into a…
Alter Ego Basis for Jurisdiction in Florida Family Law Action
By Michael P. Sampson (part 6 of 8) 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…
Jurisdiction Over Property at Issue in Florida Divorce
By Michael P. Sampson (part 7 of 8) 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…
Sworn Affidavits to Support Challenges to Jurisdiction in Florida Divorce
By Michael P. Sampson (part 8 of 8) Sworn Affidavits: Important to Be Prepared! An entity drawn into a family law dispute typically must assemble sworn affidavits to support challenges to service of process or personal jurisdiction or both. See Fishman, Inc.…
Collaborative Divorce – Rule 4-1.19
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’s Collaborative Law System
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…
Florida Collaborative Family Law Rule of Procedure 12.745
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…