4 Types of Divorce in Florida - Which One is Best for You?
Once you’re sure that filing for divorce is the best course of action, you still face a number of decisions. Divorces end with the legal dissolution of a marriage, but they don’t all reach that conclusion through the same process. This guide outlines the four types of divorce in Florida which will help you determine how to handle your situation. Let us know if you have any questions.
Do-It-Yourself DivorceThis type of divorce isn't as easy as it sounds. You need to be comfortable navigating financial records and documenting assets. If your case isn't complicated, this option saves on attorney fees. DIY divorce might be a good fit for you if:
Both parties are in agreement on all issues including division of marital assets, child support and custody.
You have the time to understand, fill out and file all necessary paperwork.
You're comfortable with a bare-bones approach that can't be customized.
Collaborative DivorceIf you agree on important issues in advance and want to avoid litigation, consider a collaborative divorce. The process is similar to alternative dispute resolutions and uncontested divorces. It can save time and money if you:
Both agree contractually to resolve issues out of court.
Need legal advice in addition to a representative advocate.
Are confident that you can resolve problems through your representatives.
Divorce MediationWhen couples hit a road block and need help when disputing issues arise, the Florida courts will order Mediation. Most often, you will need an attorney to represent your rights. Both parties agree to mediation and hire a third-party mediator. This divorce mediator works to guide both parties towards resolution on divorce issues. There are hourly rates and fees involved, but services result in detailed agreements that fit your specific needs. Getting a divorce through the mediation process allows you to:
Thoroughly settle all issues involving children, finances and property.
Remain in charge of decision-making concerning settlement terms.
Incorporate all agreements and arrangements as part of the final judgement.
Divorce by Litigation and TrialIf all else fails and neither party is willing to negotiate or resolve any divorce issues, then both parties go to trial. In this type of divorce, you retain your own attorney. He advocates for you and handles all negotiations with your spouse. When you and your spouse can't agree on issues, the attorney seeks settlement through court litigation. This can be an involved process, but it's sometimes the best way to protect your interests. Consider a divorce trial if:
You and your spouse have serious trust issues and neither party is willing to listen.
You can't sit down together and work out negotiations.
Court issued mediation efforts have failed.
You have concerns about the legality of your spouse's actions.
If you've tried to work towards an amicable divorce with your spouse and aren't making any headway, it's best to consult with a divorce attorney.