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Marital Dissolution and Collaborative Divorce

Our team has undertaken engagements in a variety of marital dissolution proceedings and other litigation matters. Our clients net worth range from one million dollars to over one hundred million dollars with assets in industries such as construction, transportation and logistics, professional services, healthcare, food service and entertainment, farming, manufacturing, distribution, and financial services.

The following is a brief overview of forensic analysis services we have provided in marital dissolution proceedings:

  • Identification of relationships between sixty business entities, incorporated in six states and in three countries. Our forensic investigation entailed research and review of mergers, acquisitions, asset sales, income tax returns, intellectual property, and banking records.
  • Reconstructing of a private company stock register for a twenty year period and determination of the marital value of the gifted stock.
  • Historical tracing of seventeen retirement accounts for a twenty year period consisting of several transfers between accounts, loans and repayments, withdrawals, and contributions.
  • Tracing related to dissipation of assets, transfers to foreign entities, identification of off-shore accounts, tracing of substantial severance payments and golden parachutes.
  • Identifying and testifying regarding income and ability to pay; analysis of underreported and/or unreported income, fringe benefits to owners, distributions to shareholders, etc.
  • Identification of contingent assets consisting of restricted stock units, stock options, stock appreciation rights, and employee stock purchase plans.
  • Nine-year tracing of a one hundred and eighty million dollar disputed estate. Engagement involved the analysis of over sixty bank and brokerage accounts with investments in public stocks, mutual funds, bonds, REITs, and private investment funds. Our team uncovered thirty million dollars of unauthorized transfers, undisclosed investments, unreported income, and hidden assets.

Scope of Services

Our range of services offered are as broad or narrow as you and your client decide it to be. Generally, our work in marital dissolution proceedings include assistance with the following :

  • Compliance with mandatory disclosure
  • Assistance in preparation of Financial Affidavits
  • Organization, categorization, and review of production in a paperless system that is shared with counsel's office so as to avoid duplication of work
  • Determination of additional discovery required to formulate opinions
  • Lifestyle and need analyses
  • Determination of income and ability to pay
  • Business valuations of closely held companies
  • Tracing of bank and brokerage accounts

Collaborative Divorce

Collaborative Divorce is a private alternative to the traditional court room divorces and is based on three principles:

  • A pledge not to go to court
  • An honest exchange of information by both spouses
  • A solution that takes into account the highest priorities of both adults and their children.


Unlike traditional family law cases, all meetings, communications, and proposed settlement options in the collaborative process are confidential.  Issues are resolved through a series of joint sessions, including the clients, attorneys, neutral financial professional, and a coach. The group, collectively and individually, is dedicated to reaching a settlement that considers the values and goals of both parties.

The financial professional in a collaborative context is a neutral expert for issues requiring expertise such as valuation of a closely held business, determination of income, and analyses of marital and non-marital assets.  The expert brings to the table an honest and even-handed view of relevant information and facts to assist in creating options for settlement.

Monica Ospina has been trained in the collaborative practice with Monica attending an advanced training in collaborative divorce.  Monica is also a member of the Florida Academy of Collaborative Professionals, the Tampa Bay Academy of Collaborative Professionals, and the Collaborative Family Law Institute of Florida. For additional information about collaborative practice, visit the groups’ websites by clicking on the links below.


collaborativepractice.com



tbacp.org



http://www.collaborativepracticeflorida.com

Watch the following videos of successful Collaborative Divorces in your community!


Cindy Schwarzkopf



Nick’s Story



Liz’s Story



Betty’s Story