Many couples start the divorce process thinking they can go through an amicable divorce. Divorce does not always have to be a drag out fight. Going through a divorce is rarely an easy task, and the process often leads to hurt feelings and making the children feel isolated and confused. As painful as it can seem sometimes, divorce doesn’t need to end in bitterness or have an ugly resolution.
In the state of Florida, you have 3 divorce options that not only make getting a divorce easier; but, also save you time and money while protecting your children through an otherwise difficult time.
There are three types of amicable divorce options:
1. Uncontested Divorce
An uncontested divorce has many benefits, which include terminating the marriage within days instead of weeks and months. It costs much less than a contested divorce, and both parties can create agreements that work for their situations rather than abide by whatever the court decides.
To seek this type of divorce, both parties must agree with every issue of their marriage, such as custody and visitation, alimony and child support. Afterward, the parties sign a Marital Settlement Agreement, which must then be approved by the court before it becomes the particulars of the divorce decree.
2. Collaborative Divorce
A collaborative divorce is similar to the uncontested process, as both parties agree to the issues of their marriage and decide to bypass a typical litigation. This type of divorce places the children’s best interests first, and both parties work together with their attorneys, a neutral advisor and a mediator to reach an agreement on all the issues related to the divorce. A collaborative-style divorce involves a few steps:
- Both spouses must agree to the collaboration before starting the legal portion of the process. Afterward, the parties establish a participation agreement, which outlines the commitments in the divorce.
- The spouses and their attorneys sign a contract that commits to resolving the issues related to the termination of marriage without going to court. Everyone involved works together to arrive at a mutually acceptable settlement.
- Both parties act in the best interests of the children to promote positive relationships with the divorcing spouses and to minimize any emotional effects.
- If either spouse ignores the participation agreement and pursues outside legal representation or court, the collaborative attorney must end his or her representation of the client.
3. Divorce Through Mediation
Mediation during divorce helps both spouses create a more amicable resolution to the marriage. Mediation helps spouses develop their own unique resolutions rather than having the court impose its own solution. This type of divorce is a cost-effective and time-saving alternative to formal litigation, which costs a lot more money and can take a few months or more.
Divorce through mediation helps both spouses deal with various kinds of disputes, such as child custody arrangements and co-parenting. However, mediation during divorce also works for spouses who have no children and require assistance dealing with dividing marital property. The benefits of mediation include:
- A more time-efficient and cost-effective process than a traditional divorce
- A less-expensive alternative to court trials and hearings
- A confidential process with no public record of the mediation session
We hope that learning about the different options to make divorce easier on you and your family. We understand sometimes divorce is inevitable. But it doesn’t have to be costly or time consuming. If you think you and your soon-to-be ex-spouse are candidates for any of these types of amicable divorce options, please give Attorney Cheshire a call to set up an initial consultation.