Florida law provides that a Power of Attorney naming the other spouse as agent: Florida Statute 709.2109 states that a person named as agent under his/her spouse’s Florida Durable Power of Attorney for Property loses legal authority to act on the spouse’s behalf in the event of divorce or annulment, or when an action is filed for divorce or legal separation. The only exception is if the Durable Power of Attorney specifically states otherwise (i.e., that the agent’s powers continue in these circumstances. The law became effective Oct. 1, 2011; however, it applies to every Florida Durable Power of Attorney regardless of the date the document was executed.

The attorneys of Allen Dell pride themselves on their knowledge of laws affecting our clients. Stay calm and call us.

All eligible Hillsborough County Bar Association members please vote for Michelle Hutt in HCBA’s elections for the 2016-17 Board of Directors – the voting closes today at 5 p.m.
All eligible voters should have received an email from Intelliscaninc.com, a third-party polling service, with instructions for online voting.
If you have any problems or didn’t receive an email, please contact HCBA at hcbarsvp@hillsbar.com or (813) 221-7777.

TALLAHASSEE – Gov. Rick Scott today vetoed a bill which would have ushered in an overhaul of current alimony laws, but would also have created a new legal premise that both parents to a divorce have approximate equal timesharing of their children. “As a husband, father and grandfather, I understand the importance of family and the sensitivity and passion that comes with the subject of family law,” Scott said in a veto message. “Family law issues are very personal and nearly every family comes to the court with different circumstances and needs.”

He said: “Current law directs a judge to consider the needs and interests of the children first when determining a parenting plan and time-sharing schedule. This bill has the potential to up-end that policy in favor of putting the wants of a parent before the child’s best interest by creating a premise of equal time-sharing. Our judges must consider each family’s unique situation and abilities and put the best interests of the child above all else.”

Read more here:

http://web.tampabay.com/blogs/the-buzz-florida-politics/gov-rick-scott-vetoes-alimony-bill-citing-time-sharing-provision/2273407

The attorneys of Allen Dell pride themselves on staying abreast of changes in laws affecting our clients. Stay calm and call us.

TALLAHASSEE – The Collaborative Process Act has passed the Florida Legislature and became law after receiving Governor Rick Scott’s signature. The Act creates a uniform system of practice for the Collaborative Law Process as it relates to family law matters. It encourages the peaceful resolution of disputes and the early settlement of potential litigation through voluntary settlement procedures.

The Collaborative Process is an alternative to litigation. It utilizes trained legal, financial, and mental health professionals to guide the couple through the difficulties of divorce. According to recent studies, 84% of Collaborative cases are resolved successfully, 60% within six months, and half of the cases were completed for less than $40,000 in fees. It is believed that the Collaborative Process dramatically reduces the caseloads of our overburdened court system, saving taxpayer dollars.

After the Governor signs the Act, it becomes law thirty days after the Florida Supreme Court adopts rules of procedure and professional responsibility for attorneys.

The attorneys of Allen Dell pride themselves on staying abreast of changes in laws affecting our clients. Our family law team, which includes experienced marital and family law trial lawyers, encourages the use of alternative dispute resolutions methods and are trained in both mediation and collaborative divorce to reduce costs and emotional stress in resolving divorce cases.

It is with great pleasure that Allen Dell announces Philip S. Wartenberg has joined the firm as a shareholder. Wartenberg is a board certified marital and family lawyer who has practiced exclusively in the area of marital and family law throughout his legal career since 1994. Wartenberg has been selected for inclusion in Florida Super Lawyers since 2010 and was honored in 2008 as the recipient of the Family Law Inn of Tampa’s Ted S. Millison Professionalism Award. Prior to joining Allen Dell, Wartenberg was owner and sole shareholder of Wartenberg Law Group, P.A., Tampa.