coLLaBorativedivorce-amatchforcovid-19
Collaborative law Section Chairs : CoryBrandfon – HarrisHunt & Derr , PA & ShannonGreen – WestbayCPAs
familylawattorneysand clientsseekingafaster , viablealternativetopandemicpostponedjusticemightconsider thecollaborativelawprocess .
As COVID – 19 continues
in a “ second wave ,” attorneys and divorcing couples are in need of a safe and expeditious alternative to the pandemic-driven delays and restrictions of litigation .
Effective August 31 , 2020 , the Thirteenth Judicial Circuit transitioned from Phase 1 to Phase 2 , which limits in-person hearings to child support contempt hearings and contested final hearings ( and even then , only if a remote hearing is inconsistent with a rule or law or a participant lacks the technological means to conduct the hearing ). With that exception , all family law matters continue to be conducted remotely . Although some attorneys and judges have transitioned to remote litigation seamlessly , many find remote hearings and depositions challenging , especially those dependent on exhibits or witness credibility .
Despite the judiciary doing everything in its power to advance pending cases , it is facing a historic backlog , resulting in lengthy delays for setting non-evidentiary and evidentiary hearings . Family law attorneys and clients seeking a faster , viable alternative to pandemicpostponed justice might consider the collaborative law process .
In addition to the known hallmarks of collaborative divorce ( control , efficiency , informality , privacy , and sensitivity to the
particular needs of the family ), another advantage has revealed itself since the start of the pandemic — the ability to resolve contested matters , including unique parenting issues , remotely and on your own schedule . Collaborative telephonic conferences and Zoom meetings have provided a protected but intimate platform well suited for resolving the emotional and financial issues of divorce and parenting issues .
For those unfamiliar with collaborative divorce practice , the Florida Legislature adopted the Collaborative Law Process Act (§§ 61.55 – 61.58 , Florida Statutes ) on July 1 , 2017 , formally recognizing an alternative to litigation for family matters in Florida .
Florida is widely regarded as an early and influential adopter of collaborative law practice . The legislature does not require formal training , but it is highly recommended . Practice group membership is required for admission to the FACP ( Florida Academy of Collaborative Professionals ), and many practice groups require training . Both introductory and advanced training options , and practice group meetings , are being offered remotely during COVID – 19 , thereby creating a unique , convenient opportunity for attorneys seeking to expand their family law practices .
If you are unsure about the potential benefits of collaborative law for you or your clients , consider the impact on Florida courts from the pandemic-generated delays and workload . As of June 2020 , there were 10,342 more dissolution cases alone pending statewide than normal . 1 It is anticipated there will be 104,904 more total family law cases pending statewide than normal by June 2021 . 2
Despite the courts ’ commitment to protecting liberties and resolving disputes while prioritizing the protection of public health , the court system would unquestionably benefit from counsel and clients choosing the collaborative divorce alternative to court resolution . n
1
Filing data and projections provided by the Trial Court Budget Commission . “ Normal ” defined as pending as of June 30 , 2019 .
2
Ibid . “ Family law cases ” defined as dissolutions , domestic violence , child support / UIFSA , delinquency , dependency , and other .
Author : Nancy Harris and Cory Brandfon ( shown above ) - Harris Hunt & Derr , P . A
2 4 J A N - F E B 2 0 2 1 | H C B A L A W Y E R