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Understanding The Different Types Of Divorce


Plenty of people stay in unhappy marriages for years longer than they want to simply because they are afraid of getting involved in an ugly, expensive legal battle if they divorce.  They think that living with their spouse’s irresponsible, inconsiderate, or controlling behavior is better than the problems they could invite by having a messy divorce, such as estrangement from their children or being awarded a paltry amount of marital property.  If you contact a divorce lawyer, though, you will find out that the path to being happily single might be easier and less expensive than you expect.  There are several ways to get divorced in Florida, and most of them do not involve trying to convince a judge to take your side instead of your spouse’s.  Unless you and your spouse were only married briefly and have very little in the way of marital property, it is best to contact a Palm Beach County divorce lawyer before you file for divorce.

Pro Se Divorce

In pro se divorce, the parties do not hire lawyers.  They simply agree between themselves on how they are going to divide their marital property and, if they have children, how they will share parenting time, and they submit the divorce petition and other required documents.  Pro se divorce works best in cases of uncontested divorce, but more often than not, it is penny wise and pound foolish, and the parties end up having to hire lawyers only after problems have emerged that could have been prevented if they had hired lawyers at the beginning.

Collaborative Divorce

In collaborative divorce, both parties hire attorneys, and the parties and their attorneys sign an agreement to accomplish the divorce collaboratively.  They meet as many times as it takes and seek the input of as many experts as necessary to reach an agreement on all the issues.  Once they have drafted a marital settlement agreement that both parties find satisfactory, a judge issues an order dissolving the marriage and making official the terms of the property settlement agreement and parenting plan.

Conventional Divorce

Even with conventional divorce, most cases don’t go to trial.  Instead, the court refers the parties to a court-appointed mediator.  The mediator is a neutral party who does not make decisions for the spouses, but instead helps them and their lawyers reach an agreement.  You are allowed to have your lawyer present during mediation, and many people who did not hire a lawyer before filing for divorce or responding to a divorce petition hire one when their case goes to mediation.  If the parties cannot reach an agreement in mediation, the case goes to trial and a judge rules on the issues where the parties disagree.

Let Us Help You Today

A Boca Raton divorce lawyer can help you finalize your divorce, keep your share of the marital property, and draft a parenting plan without unnecessary expense and stress.  Contact Schwartz | White for a consultation.



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