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subject: What Is Divorce Arbitration? [print this page]


When you dissolve your marriage in Florida, you have a few different options for your Florida divorce. One of those options is divorce arbitration. Divorce arbitration can be a better alternative than litigating your Florida divorce but it may not be right in every situation. Before deciding to use the services of an arbitrator, it is important to speak with a Florida divorce attorney and to learn more about what divorce arbitration entails.

Typically, the best way to get a Florida quick divorce is to negotiate a divorce settlement outside of court with your spouse. Your Florida divorce attorney can help you to do this by assisting you in understanding what your legal rights are and by negotiating with your spouse (or his/her attorney) to come to an agreement. Unfortunately, sometimes it is not possible to agree on a Florida divorce settlement. If your spouse is unwilling to compromise, for example, then you may simply be at an impasse and not be able to come up with a settlement on your own.

Many people who cannot come to a divorce settlement will instead turn to a litigated divorce. A litigated divorce is one where a judge in a family court is asked to make decisions on custody, property division, spousal support and other issues relevant to a Florida divorce. You will need a divorce attorney representing you and youll need to present witnesses and arguments to the judge. A litigated divorce can be the most expensive way to end your marriage and can also be an embarrassing and stressful process as you parade your lives and personal information for the court and all of the details become part of the court record.

Divorce arbitration allows for a solution that is somewhere in between a litigated divorce and a divorce agreement that you come to on your own. Divorce arbitration involves asking an experienced and qualified arbitrator to hear your arguments and the arguments of your spouse and to make a binding decision. You and your Florida divorce attorney will essentially make a case in front of the arbitrator, instead of in front of a judge.

The process may be more informal than a full court case and may be less time consuming since you can hire an arbitrator to hear issues on your schedule, rather than having to wait to be scheduled on the court docket. Since you arent going through a full litigate divorce, divorce arbitration can be less expensive (although you do have to pay for an arbitrator). Your information can also remain private during the arbitration process since it wont be presented in court. The arbitrator will then make a binding decision at the end of the arbitration process and you and your spouse will need to live with whatever that decision is.

Divorce arbitration doesnt give you the freedom and flexibility of negotiating your own divorce settlement, but it does have some significant advantages. If you wish to avoid a litigated divorce, speak with your Florida divorce attorney about whether divorce arbitration is the right choice for you.

by: Jeff Miller




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