In my Florida divorce case, what are the alternatives to going to court?
In Florida, alternatives to divorce cases are Mediation and Collaborative divorce.
Mediation process involves a mediator acting as an independent neutral. The mediator does not give legal advice, but will try to keep the settlement negotiations controlled and civil and may even suggest documents that you may acquire or steps you may take to resolve your issues. In some cases, due to anger, frustrations, and indifference, speaking to one’s spouse is not possible. A mediator who serves as an independent neutral may be of help. He or she will try to keep the settlement negotiations controlled and civil and may even recommend documents that you may acquire or the steps to take in resolving your issues.
Collaborative divorce is more civilized than the common divorce process that takes place in court. It begins with the two parties signing a commitment agreement stating that they won’t go to court. Instead, they both sit down with attorneys and discuss each problem until they find a solution that everyone can live with. This treats the process as a way to “troubleshoot and problem solve” instead of fight and win. This process is not existing in any laws or drafted in court procedure. In fact, it was a creation of attorneys who believed that the court system creates adversaries and promotes fighting. As part of the collaborative law method, both parties retain separate attorneys whose job is to help them settle the dispute. The process is carried out with a series of meetings with all parties present. Documents and information are freely exchanged without the formalities associated with the court process. This, in general, saves money. Where the court system would most likely not have the parties meet to discuss their issues for many months, if at all, collaborative law hasten the process with a meeting at the very beginning. This gets the matter off to a flying start without having to wait based on court schedules. Collaborative law, in fact, prohibits both parties in going to court. If that should occur, the collaborative law process terminates and both attorneys are disqualified from any further involvement in the case.
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