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Alternatives to Contentious Divorce


People whose goal in divorce is to make their spouse suffer as uc as possible and leave their spouse destitute only exist in the movies, with very few exceptions.  Sure, there are plenty of strong emotions in divorce cases, and people who were stubborn when they were married do not usually become cooperative just because their spouse filed for divorce.  Likewise, the more complicated the couple’s financial situation, the more challenging it is for the court to disentangle the couple’s assets and debts.  Most of the time, though, couples can agree that their goal is to finalize their divorce as quickly as possible so that they can go on with their lives separately.  Divorce trials are the most unpleasant part of divorce, not to mention how expensive they are.  The good news is that most cases do not go to trial, but even going through mediation which, if unsuccessful, can lead to trial, is plenty stressful.  The better news is that you may not even have to go through divorce mediation.  To find out more about alternative divorce procedures, contact a Boca Raton divorce lawyer.

Uncontested Divorce

The usual way of getting a divorce is contested divorce, where one spouse files a divorce petition with a list of requests about property division and parenting time, and the other spouse files a response with a different list of requests. Things can quickly become contentious, even though most couples can eventually resolve their conflicts in mediation without going to trial.

An easier path is to file an uncontested divorce, where the parties do not have any conflicting requests.  It is easiest to do this if you and your spouse were only married a short time and do not have children together.

Collaborative Divorce

Collaborative divorce is an ideal solution when you want to have an uncontested divorce, but you and your spouse still have disagreements to work out.  In this case, you should each hire a lawyer, and the four of you should sign a collaborative divorce agreement.  Then you negotiate outside of court, with or without a mediator, until you reach an agreement on all the issues.  After you have resolved all the issues, you file paperwork with the court, and the court finalizes your divorce.

Embracing the Ugliness and Letting Your Lawyer Do Your Dirty Work

Sometimes high conflict divorce is inevitable.  In situations like these the best choice is to power through divorce mediation.  If it is too painful for you to talk directly to your spouse, you should communicate through your lawyers.  Sometimes divorce mediators do not even require the spouses to be in the same room together during mediation sessions.  Even if you have to face your spouse directly you will have plenty of opportunities to discuss matters with your lawyer.

Contact Schwartz | White About Collaborative Divorce

A South Florida family law attorney can help you avoid the worst of high conflict of divorce litigation in your divorce case.  Contact Schwartz | White in Boca Raton, Florida about your case.



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