Collaborative Divorce

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Divorce:

This is What Happens…

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Topics of Discussion

Collaborative Divorce Changes in Statutes Pet Peeves and Suggestions

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Collaborative Divorce

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Mediation

1 - 90% - 95% Success Rate

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2 – Factors Against Early Mediation Success:

A. Attorney’s Training and Education

B. Client’s Expectations

C. Mediator’s Limitations:

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1. Closer or Not

2. Reasonableness or Not

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3 – Reasons For Later Success:

A. Emotional Exhaustion

B. Financial Exhaustion

C. How it Saves Assets and income

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Collaborative Divorce

1 - Stu Webb’s Odyssey

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2 – Collaborative Divorce:

Meetings

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Civil Interaction (Robin Williams)

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Engagement Contract

i. Lynch Pin Clause

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Dynamics Change

i. Litigant’s Incentive

ii. Attorney’s Incentive

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Benefits to Divorcing Couple

i. $

ii. Child Centered

iii. Civil Ending

iv. Control Destiny

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Collaborative Divorce

Not For Everyone, But For Most Keys For Success

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Changes In Statute

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2008 Legislation: Equitable Distribution1 - Why Care?

A. Added Value to Clients

B. Don’t Know What You Don’t Know

C. When Confer With Forensic Accountant and Attorney

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2 – Marital vs Non-Marital Property

A. Marital (defined)

B. Non-Marital (defined)

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3 – Equitable Distribution, FL Statute 61.075

A. Jointly Titled Personal Property Presumed to be marital

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i. Personal property that is jointly titled in name of husbands and wives as tenants by entities, regardless of property acquired prior to or during marriage, is presumed to be marital asset.

ii. Gift presumption applies to personal property = jointly titled intangible accounts: CDs, stocks, bonds, bank accounts, other accounts

iii. Contrary to Prior Law

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4 – Argument: New statute applies to transfers made prior to enactment of statute vs modifying statutes substantive and can not operate retrospectively.

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5 – Burden of proof is the donor party to argue that conveyance is not a gift.

a) Overcome presumption clear and convincing burden of proof.

Examples

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b) Interim Partial Equitable Distribution

i. So What? Previously Disallowedii. Need Sworn motioniii. Can Occur on “good Cause”iv. Statute Does Not Define

“Extraordinary Circumstances”v. Court take Into Account the

Interim Partial Equitable Distribution

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c) Abolished Special Equity Claims

i. Special Equityii. Statute Substitutes Concepts of “unequal

distribution of marital property” or “appreciation of a non-marital asset”

iii. Steps to Establishiv. How to Establish Grounds for Unequal

Distribution: Short Term Marriages, Second Marriages, 55 and older, Assets Previously Acquired, Ibanez – Vogelzang vs Volgelzang (6 week marriage)

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6 – Appreciation of a Non-Marital Asset

i. Passive (defined)

ii. Active (defined)

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Pet Peeve: Insuring your Children

1 – Medical Insurance Children/Cobra Spouse

Life Insurance For Payor Spouse

Disability Insurance For Payor Spouse

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2 – Life Insurance On Children’s Lives

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3 – Cost of Hospitalization + Burial

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4 – Emotional Devastation

i. Impacts Ability to Work

ii. Decreases Income

iii. But Bills Remain the Same

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5 – Guarantees Insurability For Child

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6 – Whole Life

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7 – Not Often Recommended By:

i. Financial Advisors

ii. Family Lawyers

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Pet Peeve II

Websites

A. Marketing (In A New Format)

B. Client Recruitment

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Data management / E-mails

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