Category: Collaborative

HOW MUCH WILL MY DIVORCE COST?

Posted by Sharon O'Day on October 4, 2017 with 0 Comment

You have options on how to finalize your divorce. And the costs will depend on the method you select. The Court fee for filing a divorce is approximately $395 and there is an additional recording fee depending on the county where the case is filed.

DO IT YOURSELF DIVORCE

You can download the Florida Supreme Court forms for free, fill them in with your spouse and file them yourselves and then proceed through the court process. The only cost is the filing fee. However, you must consider the length of time this will take you to prepare the forms without assistance and to process the forms through the court process which may take many months.

PARALEGAL DIVORCE

There are paralegal services that will help you fill in the Florida Supreme Court forms. These services cannot prepare any documents other than the standard forms and cannot offer any legal advice. They also cannot file the case for you and obtain the Final Judgment on your behalf. The costs for the assistance to prepare the forms is approximately $400 to $800.

FLAT FEE DIVORCE

My office can assist you in preparing all documents necessary to obtain a final judgment of dissolution. This includes a Marital Settlement Agreement drafted by the attorney and a Parenting Plan if necessary also prepared by the attorney. In addition, there are a number of pleadings that must be presented to the court will be prepared and presented to the Judge. We will then file the final documents necessary to obtain the Final Judgment on your behalf. In many cases this process can be completed in less than a month. The cost of this services is $2,000 for a divorce without children and $2,500 for a divorce with minor children.

MEDIATED DIVORCE

I am also a Supreme Court Certified Family Mediator and can assist you and your spouse to negotiate the terms of a Marital Settlement Agreement and Parenting Plan if you and your spouse are struggling with the terms. As the mediator I cannot file the final documents but can assist you through the process or refer you to an attorney to complete the process. The cost of this service is $350 per hour but the final cost will depend upon the number of issues to be addressed and the number of meetings necessary to resolve the issues. Each meeting last approximately two hours and normally there are on average between three to five meetings.

COLLABORATIVE DIVORCE

As an attorney with over twenty years of experience representing parties in divorce and paternity, I can represent you in a collaborative divorce process when there are more difficult issues to be decided. My fees for this representation of a party in a collaborative divorce is $400 per hour. This process also includes a neutral financial professional, a neutral facilitator and a collaborative attorney for your spouse. There are times when I am also selected as the neutral facilitator in the collaborative process and I charge $250 per hour for these services. While this process is certainly more expensive than the options above, it is much less expensive than the average fully litigated divorce. A comparison of the Collaborative Process for a case with minor children to a fully litigated divorce can be found here.

A LITIGATED DIVORCE

My office does not represent clients in this process. I stopped handling litigated divorces in 2012 after many years of assisting clients through this process. Part of the reason for this is the extreme costs involved which I did not find in my client’s best interest. Some cases require litigation to resolve the issues, but I strongly advise clients to consider if this is necessary and the costs involved. A comparison of the costs of a Collaborative Divorce and a Litigated Divorce can be found here.

Family Law Case Filings on the Rise in 2015

Posted by Sharon O'Day on February 7, 2016 with 0 Comment

Karen E. Rushing, Clerk of Court and County Comptroller, Sarasota County, Florida

Family Court Filings increased by 4 percent in 2015 in Sarasota County.

My local Attorney Bar Newspaper for Sarasota County, The Docket, had an article from our Clerk of Court, Karen E. Rushing. She provided a three-year review of cases filed in her jurisdiction. According to her statistics, many areas of case filings were down over the past three-year period. However, the area of Family Law had a four percent increase in filings; from 3,954 in 2014 to 4,110 in 2015. (The Docket, February 2016, Karen E. Rushing)

I am conducting a survey of Collaborative Law Cases in our area presently, and so far I am aware of at least 40 cases handled in a collaborative manner last year. While I am very happy to see that this number of families have been helped by this team approach to family law, I am extremely sad to see that this is still less than one percent of the total number of filings. This means that 99% of the families going through difficult transitions of divorce, post-divorce and paternity issues are not being assisted with a collaborative team approach to resolving their case.

I would love to see these numbers reversed. I know that a few people need to resort to the courts to resolve differences of opinion about their divorce or paternity cases. These people may have families that suffer from domestic violence or such severe disagreements that the only way to resolve the case is by having the intervention of a Judge to decide the case. Yet I also know that the vast majority of cases would be better served by the guidance of collaboratively trained attorneys, financial and mental health professionals to find solutions that best suit their family.

If you would like to learn more about how your family can avoid the costs, time delays, anxiety and conflict of litigation please contact my office to learn more about the Collaborative Law Process and how it can help you and your family. Visit my Website for more information: www.odayresolutions.com

The Collaborative Process: Putting the Best Interest of Children First

Posted by Sharon O'Day on October 14, 2014 with 0 Comment

“Let us put our minds together and see what life we can make for our children.”

Sitting Bull

As parents we have a responsibility to put the needs of our children first. This means shielding children from the anxiety and stress of adult confrontation such as divorce and paternity actions. It also means ensuring that the children have the love and support from their parents and family. This is why parents facing the prospects of divorce or paternity actions should consider a collaborative process.

In the collaborative legal process the parties are assisted by a team of professionals all committed to assisting them to reach a resolution to their family issues without litigation. The focal point of the team of professionals is the Mental Health Professional (MHP) who is available to work with the parents to develop a child focused parenting plan that includes a timesharing schedule that will work for the family. The MHP also works with the parents to address struggles the children may be experiencing in transitioning to two households. As important, the MHP can assist the parents in learning the new skills necessary to co-parent the children when living apart.

The collaborative process also allows the parties to develop a family financial support structure that is realistic. Using the guidance of the Neutral Financial Professional, the parties consider all aspects of the family’s financial priorities including the payment of private school tuition, tutors, extra-curricular activities, college financing and other needs of the children. These issues are often not addressed in the traditional litigated divorce due to the legal constraints of the laws in various states that do not provide for consideration of such expenses. It is axiomatic that two households cannot live at the same level of spending that it costs to support only one household. However the financial neutral can help the parties to develop budgets that will best work within their income levels.

Finally, the team of professionals approach prevents the escalation of the conflict that is often present in the traditional divorce context. The parties, their attorneys and the neutral professionals work together to identify the priorities of the family and brainstorm ways to meet their needs. The team is never focused on a win-lose proposition but rather looking for ways to overcome the problems faced by the family going through transition. The MHP, as the facilitator of the process, keeps the team focused on the issues and ensures that the process moves forward. This allows the family to develop a settlement in a shorter time and at less cost than the traditional divorce process.

Many studies have shown that it is not the fact of a divorce that causes anxiety and disruption in a child’s life but rather the conflict that exists between the parents. The collaborative process reduces this conflict and focuses the parents on meeting the needs of the child.

POST DIVORCE CHECKLIST

Posted by Sharon O'Day on May 12, 2014 with 2 Comments

PRINT CHECK LIST OUT HERE

POST DIVORCE CHECKLIST

Too often when a divorce is completed the parties are handed a Final Judgment of Dissolution and a copy of their Marital Settlement Agreement and nothing more. After many months of being under the care of professional counsel, financial advisers, mediators and mental health experts, the parties suddenly are left on their own to move on with their lives. In order to help with the transition, here is a list of items that should be considered after the divorce is final. For my professional colleagues, please print out the list from the link above and hand out to your clients. If you have other items that should be included on the list, please let me know and I will update on this site.

The first thing you should do at the conclusion of your divorce process is to obtain several Certified Copies of the Final Judgment. Review all of the paperwork carefully with your counsel to ensure you understand what you must complete under the Settlement Agreement and / or Final Judgment. While the list below is comprehensive, there may be additional items required in your decree that are not listed below.

Personal Care

If you are feeling a sense of loss, grief or depression seek professional assistance or a support group to take care of yourself
Take some time for a little personal self-care. Have a massage, visit a spa (yes even the guys enjoy this), take a short vacation or weekend break.

Financial Accounts

Close all joint checking & savings accounts as soon as all outstanding checks and automatic payments have cleared the bank
Open new checking & savings accounts
Update automatic payments taken from your accounts with new account information
Change named beneficiaries of retirement accounts & life insurance policies
Create new Estate Plan (Will, Trust, Health Care Surrogate, Living Will & Power of Attorney)
Ensure all prior Powers’ of Attorney are revoked in writing
If Qualified Domestic Relations Order (QDRO) is required by Final Judgment, follow-up with Plan Administrator to ensure they are notified of the divorce and the QDRO is completed
If there is to be a transfer of IRA funds the receiving spouse must open a qualified IRA to receive the funds and the distributing spouse must notify the financial institution to initiate the transfer
Close all joint credit card accounts
Change all passwords for online account access
Request a final bill from your legal counsel and ensure it is paid
Obtain a copy of your credit report 30 days after the final judgment to ensure that all joint accounts have been closed
Close joint safe-deposit boxes & open new one in individual name

Insurance

Secure COBRA or other health insurance / notify employer of divorce if health insurance provided through employer
Update auto, home owner & flood insurance records / secure new insurance
Change beneficiaries on all life insurance, disability or other insurance policies

PROPERTY & ASSET RECORDS

Sign documents to retitle cars, campers, boats, planes and other vehicles into individual names and file new title with DMV or other agency
Record deeds transferring title to real property
Notify utility companies if new name on account
Ensure any funds held in escrow are transferred or returned (security deposits on rental property, utility deposits)
Notify the Post Office of change of address and mail forwarding
Arrange for the transfer of any personal property that must be distributed as soon as possible

PARENTING ISSUES

Update school records with name and address of both parents
Update medical records with name and address of both parents
Sign up for Our Family Wizard (http://www.ourfamilywizard.com/ofw/) or other program to manage parenting contact, children’s schedules, medical re-imbursement payments, etc.
Set up direct deposit or Income Withholding Order for child support

NAME CHANGE

Update Social Security Administration
Update driver’s license & auto registration with DMV
Update bank and credit card records
Update employment records
Update insurance records (health, life, disability, auto, homeowners)
Update IRS records
Professional licenses
Update Passport

TAXES

Obtain IRS Publication 504, “Divorced or Separated Individuals” for information about filing status, exemptions, alimony, QDROs, etc.
Change your tax withholding allowances with your employer
Use the IRS withholding calculator to determine your new withholdings (http://www.irs.gov/Individuals/IRS-Withholding-Calculator)
If you are receiving alimony or self-employed determine if estimated quarterly payments will be necessary.
Execute IRS form 8332, Transfer of Dependency Exemption, if required under terms of the Settlement Agreement / Final Judgment

Sharon O’Day, Esq., O’Day Resolutions, 2014

Florida Board Certified in Marital & Family Law, Supreme Court Certified Family & Civil Mediator

Collaborative Attorney

The “Ladder” of Divorce

Posted by Sharon O'Day on May 10, 2014 with 2 Comments

I often explain to potential clients that the divorce process is somewhat like a ladder. The rungs on this ladder relate to the formality involved in the process.

The lowest rung would be the least formal and would correlate to the couple that is able to sit down at the kitchen table and work out the details of their divorce between themselves. In Florida they could then use the forms published by the Supreme Court (found here) and file the case with the court for final approval.

The next rung would correlate to a couple that may need more assistance, a couple that may want help in drafting the agreement or who cannot calmly work out the details without some professional assistance. In this case the couple can employ a mediator and, with the help of a skilled facilitator, work out the details of their divorce. This couple may decide to each retain legal representation to review the agreement after it is drafted or even to attend the mediation, but they determine early on that they will not litigate and do not need court intervention to reach an agreement.

The next rung would be occupied by a couple that struggles with a lot of issues such as developing a parenting plan, division of assets and ongoing support. They may need more formal structure and advice from separately retained counsel. The problem is that many couples skip an available rung and end up consulting litigation lawyers who advise them to begin the litigation process. This is a problem because the couple have now developed an adversarial posture by filing accusatory pleadings. The attorneys, because of their training and historic roles, often serve to increase the conflict through adversarial style of advocacy. Even as the attorneys work with the clients to resolve the case, they are constantly strategizing how the case will be tried in court if resolution fails. The parties have missed the “next rung” on the conflict resolution ladder — collaborative representation.

In the case of collaborative procedure, the parties would each retain legal counsel but the attorneys would be committed to working with the other professionals as a team to resolve the issues and minimize conflict. Being a trained collaborative attorney I can tell you there is a substantial difference when the parties have one financial expert whom they both trust, one mental health facilitator whom they both work with and two attorneys treating each other with respect and working towards a settlement without any motivation to prepare for possible trial. It truly is a “paradigm shift” for the attorneys. The collaborative process should be considered as the next rung on the dispute resolution ladder prior to any advice to consider litigation to resolve the case. Not every case may be appropriate for collaborative resolution, but too often this option is not even presented to the parties and they miss the opportunity to maintain control over their lives and the outcome of their divorce.

Collaborative Practice is also very different from the mediations that take place after many months of litigation and trial preparation. Often the parties in these cases have attended temporary hearings where they have become agitated and hostile. They have exchanged adversarial pleadings and answered extensive discovery requests. By the time they arrive in mediation each side has developed a hostile position for the negotiations. Often these cases start mediation with each side sitting in separate rooms with their attorneys and the mediator shuffling back and forth doing the “give and take” dance with the parties. There is a reason that many mediators often start these mediations with the advice that “if you both leave here unhappy then we have a good agreement” The parties have often invested so much in the conflict that their compromises are painful and hard fought. This too is different than the collaborative process where looking for creative solutions starts from day one.

If the collaborative process is unsuccessful, the parties can still climb the ladder to the last rung and resort to litigation. The couple will then turn their lives over the the straight-jacket structure of the laws passed in the state capitol and the formality of a court room. Evidence will be restricted by rules and the judge will make the ultimate decisions about how to resolve the conflict.

COLLABORATIVE LAW TRAINING COMING TO SARASOTA & BRADENTON, FLORIDA

Posted by Sharon O'Day on April 8, 2014 with 0 Comment

Next Generation Divorce of Sarasota & Manatee proudly presents “Interdisciplinary Family Law Collaborative Training”

If you believe, like many of your fellow professionals, that there must be a way to help people through the divorce process without all of the anxiety, stress and emotional turmoil of litigation, then you should join the forward thinking group of professionals practicing in Collaborative Law.

We are happy to announce that we are bringing Collaborative Law Training to Sarasota and Bradenton, Florida through a training being offered by Next Generation Divorce, our local Collaborative Law Group.

This training is for Attorneys, Psychiatrists, Psychologists, Social workers and LMHC Professionals,

Financial Planners & Accountants Interested in helping clients who want to have a divorce without litigation

At this unique training you will learn:

¨ The basics of the collaborative process

¨ The Skills to begin a collaborative case

¨ The Protocols developed for Family Law Cases

¨ The ethical considerations when working in the collaborative model

¨ The skills to work as a Collaborative Team

¨ The most powerful ways to deal with challenging situations

¨ The best ways to assist clients through collaborative process

Where: Holiday Inn, Lakewood Ranch

6231 Lake Osprey Drive,

Sarasota, FL 34240

Discounted Rooms available for out of town participants ($99 / night)

When: Friday May 16 & Saturday May 17, 2014

8:30 a.m. to 5:00 p.m.

Registration begins 8:00 a.m.

Cost: $495 if registered before April 25, 2014 / $545 if registered after April 25, 2014

Includes continental breakfast, lunch and afternoon snacks each day

Trainers: Collaborative Law Training Associates, Inc. of Atlanta, GA.

Seats are limited so please respond early! We know this will be a sold out event.

Pending approval of Florida Legal, Mediation, Mental Health and Financial Professional Continuing Education units. This training meets the requirements for membership in local Collaborative Law Group.

For a registration form or further information, please contact me directly: Sharon O’Day, soday@odayresolutions.com / (941) 228-8571