subject: Three Alternatives To A Florida Litigated Divorce [print this page] When you are getting a divorce, the last thing in the world you want to do is get a litigated divorce. A litigated divorce means that you and your spouse cannot decide on some important matter- like support, custody or asset division- and so you turn to the judge and the court to make the decision on the issue for you. You essentially argue back and forth in court, presenting your case, and the judge takes the evidence and applies Florida divorce law and issues a binding decree that you have to follow.
Litigation has a number of problems. For one thing, it is expensive. You have to pay your lawyers to build a case, pay them to argue the case, and pay court costs. For another, it can be very time consuming to wait for a date when a judge is available and then to go through the process of presenting your case. Litigation is also inherently contentious because you and your spouse are pitted against each other. Yet another drawback stems from the fact that the information shared in a courtroom can become public knowledge. Finally, the last major problem with a litigated divorce is that neither you nor your spouse may end up happy with what the judge- a virtual stranger- decides.
With so many issues involved with litigating a divorce, it is no wonder that many people are looking for alternatives. Fortunately, you have a few other options for a Florida divorce if you dont want to duke things out in court. Here are three of those options:
1. A mediated divorce. A mediated divorce involves working with a neutral third party mediator who helps you and your spouse come to an agreement. In some cases, courts will order mediation (usually in custody disputes). In other cases, you can voluntarily choose to go to a mediator. While you do have to pay for the mediator, this is significantly less costly than going through a whole court process. Mediators use their skills to help you talk more openly, resolve your differences, communicate more effectively and come to an agreement.
2. A collaborative divorce. A collaborative divorce is sort of an extension of a mediated divorce. You work with a collaborative divorce couch who will guide you and your spouse through the entire divorce process, helping you to naturally arrive at a fair agreement that represents both your interests because you built the agreement together. Collaborative divorce keeps things positive and keeps you working together, so can be an especially good option for people with kids.
3. Arbitration. Unlike mediation or collaborative divorce, an arbitrator will make a decision for you, rather than guiding you to a decision. Furthermore, the arbitrators decision is generally a binding one, which means youll have to live with it. Arbitration is often very much like litigation, with the arbitrator playing the role of the judge. However, it can be less expensive since the process isnt as formal as the rules of court procedure. Furthermore, your private information can remain private, unlike when you present it in a court of law.
When you are ending your marriage, you should consider each of these three options if you are not able to reach divorce settlement agreement simply by working with your spouse and your Florida divorce attorney. Your Florida divorce lawyer can help to put you in touch with mediators, divorce coaches, or arbitrators so you can begin the process of settling your issues and ending your marriage.
