If you’re about to go through a divorce or still deciding if divorce is right for you, it’s important to understand your options. When we know that a divorce is pending, understanding the different ways that a divorce can be carried out is helpful. Having a fear of the unknown can make divorce seem unmanageable or overwhelming. Taking the time to learn about your divorce options can help you decide which path is best for you. Understanding the Laws and Procedures of Divorce in Boca Raton, Florida can also help you to be more organized and prepared. Below you’ll find a summary of your options for getting a divorce in Florida.
Pro se divorce is also known as do-it-yourself divorce. The term, pro se, translates to “for oneself”. This means that you plan on filing for divorce without the assistance or representation of an attorney. You’ll be filing for a divorce yourself as well as representing yourself throughout the divorce proceedings. In theory, this can sound like a rather simple process. However, handling a divorce from beginning to end without the help of an attorney can be much more complex than you think. The advantages of getting a divorce in Florida through a pro se system is quite clear.
First, this option saves you money, which is the obvious benefit. In some cases, it can also ease tensions when lawyers aren’t involved. Even though attorneys are there to assist people through the toughest times of their lives, people often become nervous when they get involved. If both parties are in agreement on the terms of the divorce, the marriage was only a few years, and there’s no children or major assets to divide, filing for divorce pro se can make sense. But you must remember that a pro se divorce can be emotionally taxing, time-consuming, and incredibly complicated. Legal experts will normally advise against pro se divorce.
Mediation is the process of discussing the terms and conditions of the divorce without a judge or a trial. You’ll work with a Mediation Lawyer called a mediator. The mediator should be a neutral third party that has no connections to either spouse. The point of their job is to facilitate the discussion and help the two parties reach an agreement. Mediation Attorneys are trained professionals that are there to encourage communication, collaboration, and compromise. A mediator can help both parties work out specific issues, find new perspectives, and regulate disagreements. Some couples may meet once or twice for mediation. Others may need a week or two to work out all of the details of their divorce.
Divorce mediation fails when both parties can’t reach an agreement and refuse to continue to work with a mediator. If you’re getting a divorce in Florida, you should know that mediation doesn’t work for everyone. Mediation might not work if there’s a lot of conflict between the two parties if there’s a lack of compromise or no commitment to reaching an agreement.
Let’s Read more about “Is Mediation Valuable in Divorce?”
A litigated divorce is sometimes referred to as the “traditional method”. This is when a divorce turns into a lawsuit that must be carried out. Getting a divorce in Florida might mean that you’ll have to go through litigation. This is very common for people with high levels of conflict, emotionally charged issues, and a lack of communication or compromise. Remember that this doesn’t necessarily mean that your divorce will end up in court. Litigated divorce means that you’ll most likely reach a settlement out of court. Much of this will depend on your willingness to compromise and your divorce attorney’s ability to negotiate.
The major difference between a collaborative divorce and a litigated divorce is the methods used by the attorneys. In a collaborative divorce, your attorneys will sign an agreement that states that both attorneys will remove themselves from the case if a settlement is not reached. Hence the term, “collaborative”. Collaboration is the main goal and that is clearly stated at the very beginning of the process. This option has a lot of advantages. It’s a lot quicker and it can be much less expensive than litigation. It also helps to know that both parties are aiming towards collaboration. However, much like mediation, highly contested divorces may not be right for this method. If you’re getting a divorce in Florida, it’s important to assess your situation and understand the level of conflict before deciding to go through one option over another.
If you’re facing a divorce, it’s strongly recommended to work with a divorce attorney. Having your own divorce attorney can assure you that you have someone on your side that represents your best interests. An experienced divorce attorney can explain each of these divorce options with you and guide you through each process. Contact a divorce attorney today to learn more about your divorce options.
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