subject: Are Florida Divorces Always Contentious? [print this page] No one ever goes into a marriage planning on getting divorced, and people who are facing divorce may be concerned about the many horror stories that they have heard about how divorce is a bitter and expensive fight. While divorce can be a contentious and stressful process where you and your spouse are constantly arguing over every issue, it doesnt have to be. In fact, it is much cheaper and easier on all parties involved if you make a commitment from the beginning to keep the divorce amicable and if you follow a few key steps to actually keep the fighting and tension to a minimum.
Avoiding Problems in a Florida Divorce
If you want to avoid a contentious and argument-filled divorce, the key is to avoid a litigated divorce. A litigated divorce is a divorce wherein the two spouses argue in court and ask a judge to decide issues related to custody, support and asset division. It inherently involves pitting one spouse against the other, as each will have to present evidence as to why they deserve to receive more or as to why they are a better or more fit guardian for the kids.
The alternative to a litigated divorce, an uncontested no fault divorce, is a much better solution, especially if you want to avoid a contentious divorce. With an uncontested no fault divorce, you and your spouse decide that you will resolve issues raised by the divorce on your own. This means youll decide on child custody, spousal support, asset division and all other issues related to your Florida divorce on your own. Florida is an equitable distribution state, which means that the courts would divided assets fairly- and in an uncontested no fault divorce, you and your spouse will need to do the same in order to actually be able to come to an agreement.
An uncontested no fault divorce not only helps you to avoid fighting and stress during your Florida divorce, but it also has other benefits as well. For example, it can be both quicker and less costly than a litigated divorce. It also puts you in the drivers seat so you can focus on what is right for your family and most important to you, rather than having key decisions made by a judge who is essentially a stranger to you.
Achieving an Amicable Divorce
Although an uncontested no fault divorce is the recipe for an amicable divorce, you may wonder how to keep your emotions in check for long enough to come to a fair agreement with your spouse. The best option is usually to hire a Florida divorce lawyer for each party and to have the lawyers help to negotiate the settlement agreement. Florida divorce attorneys know the laws and what each spouse is entitled to and they can put this expert knowledge to work for you in determining your settlement agreement. Florida divorce attorneys are also not emotionally invested in your case and can thus negotiate without letting anger or other feelings get in the way, so a practical outcome can be reached.
