Collaborative Divorce

Collaborative Marital Agreements — Beneficiary Designations After Divorce

Collaborative Marital Agreements — Beneficiary Designations After Divorce

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…

Shared Parental Responsibility and Sole Parental Responsibility

Shared Parental Responsibility and Sole Parental Responsibility

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…

Collaborative Process: Clarifying Intent About “Mental Health Treatment”

Collaborative Process: Clarifying Intent About “Mental Health Treatment”

Florida’s divorce and paternity statutes don’t define “mental health treatment.” When they’re sharing parental responsibility, each parent retains parental consent to mental health treatment. However, by clarifying and agreeing to the scope of “mental health treatment” for their child, parents…

Florida Collaborative Law Process Act, §61.55 – 61.58, Florida Statutes

Florida Collaborative Law Process Act, §61.55 – 61.58, Florida Statutes

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…

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