Frequently asked questions regarding Florida Collaborative Divorce.
FAQs Florida Collaborative Divorce

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, Case No. SC20-942 (Fla. December 2, 2021). Summary of…
Employers: think about reminding your employees to update their beneficiary designations 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…
Introduction How does divorce affect your beneficiary designation of your ex-spouse of assets when you die? Multiple assets covered under Florida’s automatic revocation statute, Section 732.703, pass as if your surviving ex-spouse died first. How it Plays Out: Life Insurance Beneficiary Designations…
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…
When considering parents’ agreements, judges must safeguard kids. 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…
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…
This Beneficiary Designations Checklist for collaborative teams can help couples develop options for beneficiary designations after divorce. One spouse may want the other named as beneficiary of insurance policies, annuities, accounts or other assets. The couple may have good reasons…
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…
Florida law revokes on divorce beneficiary designations that “affect” an ex-spouse. For more, read here, here and here. Therefore, to avoid automatic revocation of beneficiary designations on divorce, Collaborative Marital Settlement Agreements should address interests in: assets subject to beneficiary designations…
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…
Parents in the Collaborative Process may consider using definitions of “mental health treatment.” This article give example language using definitions. For more about definitions, read the discussion here. For our Parenting Plan, “Mental Health Treatment” means these techniques, as defined…
This final installment of a 7-part series about domestic partnership agreements answers frequently asked questions (FAQs) about them. How do domestic partnership agreements (DPAs) and prenuptial or premarital agreements differ? Marriage contracts between two people who plan to marry are prenuptial agreements…
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…
This third installment of a 7-part series about Domestic Partnership Agreements discusses separate and jointly acquired property. Separate and Jointly Acquired Property Domestic partnership agreements should list or include an attached schedule of each party’s separate property. If the parties…
PART III, CHAPTER 61, FLORIDA STATUTES COLLABORATIVE 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…
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 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?…