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Orlando Collaborative Family Law and Professionalism

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By Orlando Collaborative Family Law Attorney Tom Marks

I believe that the vast majority of attorneys are caring and professional in their behavior and advocacy for their clients. In our adversarial system it is only natural though that by the end of the case, at least one of the parties will feel like they lost. That is especially true in Family Law, the area I practice in.

Of course, it doesn’t have to be that way and that is one of the reasons I have developed a Collaborative Family Law Practice where husbands and wives agree to work together to resolve the issues without having to take the case to Court.

Not only are both parties winners in Collaborative Law, because they avoided acrimonious Litigation, but also because both parents together have focused on their kids’ best interests.

I have actually participated in Collaborative Law Cases where both parties have felt like they are not only happy with the final results but that they believe they have done everything they can mutually to protect their children and to ensure that their children thrive even after the Dissolution of Marriage. They have chosen to love their children the most and to continue to be friends in order to co-parent their children in the most healthy and productive way possible.

A Word About “Collaborative” Family Law Attorneys

Attorneys who practice Collaborative Family Law are some of the most professional, ethical and caring lawyers I have ever met. The focus is no longer on litigation and winning at no small expense, financially, emotionally, psychologically and spiritually to the clients. And in  addition to the Collaborative Family Law Attorneys, there are highly professional Neutral Collaborative Professionals like the Financial Collaborative Professional and the Mental Health Collaborative Professional. They assist the clients and attorneys in putting together Equitable Distribution Worksheets and other financial documents as well as the Parenting Plan and other important documents in the case.

I am not saying that Family Law Attorneys involved in the Litigation aspects of Family Law are not for the most part Professional. There certainly are many. But those Attorneys who have decided to focus on Collaborative Family Law, do it I believe, because they care about the process of helping clients resolve their cases in the healthiest and most productive way possible.

Family Law and Attorney Leadership

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By Family Law Attorney Tom Marks

I read a great book while on vacation last week on the topic of leadership. You might ask what does leadership have to do with a family law practice. Don’t family law attorneys just deal with divorce, timesharing, children’s issues, equitable distribution, alimony and the like?

Well actually, good family law attorneys are all about leadership. If the divorce attorney is open to new ideas and ways of helping others, then he or she is able to influence, teach and mentor others in the process. When the client arrives in an emotionally and financially vulnerable place, the attorney can exercise integrity and leadership to help the client navigate through the divorce, modification, enforcement or other any other type of family law case.

Good family law attorneys, as leaders, need to have a vision and be able to communicate that to the client. They also need to have good communication skills and to be highly competent in their profession. Great leaders, who happen to be family law attorneys, need to have great people skills and be able to coach their clients through a very difficult process. They need to be open to doing what is in the best interest of the client, even if that means helping them reconcile their marriage and keep their family together. That is called integrity.

I have read a lot of books on leadership and have always tried to exercise the principles I’ve learned not only in my personal and family life but also in my professional life as a family law attorney.

When Does My Spouse Get Rights to My Property in Marriage?

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Florida Statute 61.075 controls how the parties’ assets and liabilities are to be distributed.  As previously discussed, the court must first determine which assets and liabilities are classified as “marital” (see previous blog for more information on this topic).

Upon said identification, the Courts must begin with the premise that distribution should be equal, unless there is justification for same.  The statute provides factors for the Court’s consideration for an unequal division of the marital assets and liabilities as follows:

  • Contributions to the marriage by both parties, including care of both the children and the home.
  • The economic circumstances of both parties.
  • The duration of the marriage.
  • Any interruption of personal careers or educational opportunities of either party.
  • The contributions from one spouse to the other spouse’s career or educational opportunities.
  • The desirability of retaining any assets, including an interest in a business, corporation or professional practice, intact and free from any claim or interference from the other party.
  • The contributions of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and non-marital assets of the parties.
  • The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or the party, and it is financially feasibly for the parties to maintain the residences.  In making this decision, the court will examine whether it is in the best interest of the dependent child to remain in the marital home; and, if not, it will look at whether other equities would be served by giving one party exclusively use and possession of the marital home.
  • The intentional dissipation, waste, depletion, or destruction of marital assets after filing of the petition or within 2 years prior to the filing of the petition.
  • Any other factors necessary to do equity and justice between parties.

The date for determining the assets and liabilities as marital is the earliest of: the parties’ entry of a valid separation agreement, a date agreed upon by both the parties, or date of filing a petition for dissolution of marriage.  The value of said assets and liabilities is to the judge’s discretion as to what is just and equitable under the circumstances.  In many cases, the valuation date of marital assets is as close to the time of Trial as possible to produce the most fair distribution for both parties.  However, in same cases a valuation date is identified as prior to Trial because of an extreme increase or reduction in value of the assets by a spouse since filed.

If you have any questions regarding the above as it relates to your case, either submit an online inquiry for a consult or call The Mark’s Law Firm at 407.872.3161.

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Collaborative Law

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Collaborative Law

What is the Collaborative process?
It is a process in which individuals involved in a Dissolution of Marriage or other Family Law matter work with collaboratively trained professionals, including attorneys, mental health therapists, or PhD Psychologists or Therapists, and Financial Planners or CPAs as part of a team to resolve issues amicably and provide fair and agreed upon solutions without going through the Litigation process and Court. The Parties and their Attorneys agree to stay in the collaborative process without going to Court to achieve a mutually beneficial result.

The Collaborative Process considers each person’s goals and approaches these goals with an open and trustworthy process to move toward a positive outcome fulfilling the goals of each party. Utilizing neutrals like mental health therapists or PhD Psychologists, financial professionals, vocational counselors, etc., the unique team of professionals are gathered to provide families with the professional resources to meet the Parties’ goals and help families prepare for future success.

What distinguishes the Collaborative Process from other methods of resolving divorce?
Each party receives the advice & guidance of their own personal attorney through the entire process while also having a customized team of neutral professionals addressing psychological, emotional, and financial issues each family faces. The Collaborative Process promotes goal setting and problem-solving to obtain durable agreements, provide security and privacy, and less conflict during the process and in the future. Collaborative Divorce provides an opportunity to build the trust and communication skills a couple will need post-divorce, which is in the best interest of the children.

What are the key benefits of the Collaborative Process?

  • Allows a professional team to assist in working toward resolution of both parties’ goals in an non- adversarial manner.
  • Potentially less expensive and time consuming.
  • The Parties have more control over of the outcome.
  • Reduces opposition and hostility between parties.
  • Minimizes future conflict.
  • Provides new tools for valuable problem-solving that can be used in a positive way for the future parenting opportunities.
  • Takes specific goals of both parties into consideration.
  • Avoids adversarial court proceedings and Trial

Is Collaborative Practice for Everyone?
No. The Collaborative process requires a certain amount of trust and willingness to openly discuss goals and to avoid litigation. If there are serious issues which involve domestic violence, physical and mental abuse, mental illness, drug abuse, etc., then Collaborative practice may not be the best option. Speak to Attorney Tom Marks to obtain more information about what method is most suitable for your situation.

Child Support

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Child Support

In any separation or divorce involving minor children, the best interests of the children are paramount. Unfortunately, not every parent is willing to do their part and child support guidelines can be complicated to understand and often lead to contentious dispute between the parties. The Marks Law Firm has the knowledge and experience to help you make sure that your child support determination is fair and accurate. In Florida, child support is determined based on Florida Child Support Guidelines that considers each parent’s income and other factors like who pays the health insurance premiums, day care, or after school care for the minor children. Even Alimony payments made and received can affect Florida child support calculations and Florida child support payments.

You can review Florida’s child support guidelines by clicking here:

While the statutory guidelines provide the parties with a starting point for their Florida child support obligations, it is often appropriate to deviate from the amount provided for in the statute. The Marks Law Firm will consider your unique situation and help you determine whether a deviation is appropriate.  And for those parents already paying or receiving child support, we can analyze your situation to help you decide whether to modify or terminate your child support obligations or to enforce support obligations that the other parent isn’t meeting.

The Marks Law Firm’s child support lawyers in the Orlando, Winter Park, Altamonte Springs, Winter Springs, Winter Garden, Kissimmee, Longwood, Clermont, Ocoee, Lake Mary area with help and advise on your child support situation. Call us today.

Dissolution of Marriage (Divorce)

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Dissolution of Marriage (Divorce)

Our Orlando family lawyers at the Marks Law Firm understand that the decision to end your marriage is one of the most difficult and stressful decisions you’ll ever make.  We are committed to helping you through this difficult time by minimizing uncertainty, empowering you, and preparing you for what comes next.  A Dissolution of Marriage can involve any number of complicated issues, including how to value and divide your assets and liabilities, how to calculate both spousal and child support where appropriate, and how to arrive at an appropriate schedule for time sharing with your minor children.

At The Marks Law Firm in Orlando, FL, our focus is on guiding you through these often painful issues and helping you emerge on the other side of your divorce with hope for the future.  If you would like more information about divorce or dissolution of marriage in Central Florida, contact the Orlando family law attorneys at The Marks Law Firm to schedule a consultation.