Four Different Divorce Alternatives
Just as no two marriages are the same, no two Tallahassee divorces are the same. As a matter of fact, divorces can range by a wide variety of factors. In the most general sense, there are four different types of Tallahassee divorce alternatives: DIY, Mediation, Collaborative, and Litigation. In any case, it’s best to consult with a Tallahassee family law attorney first to determine which process is best. In the mean time, continue reading to gain additional insight into each of the following Tallahassee divorce alternatives.
1) Do-It-Yourself Divorce in Tallahassee
Although painting your bathroom or pressure washing your deck may be a great DIY project for the weekend, divorces are not the same. In reality, divorces are extremely complicated, both financially and legally. If you do not have experience with divorces, it’s easy to make mistakes, and many of those mistakes are irreversible. The only time someone should consider a Tallahassee Do-It-Yourself divorce is if their marriage meets all of the following criteria:
- There are no children involved
- No alimony or complex financial issues
- There are no significant assets or major liabilities
- Both spouses have very comparable incomes
- The marriage only lasted one or two years
Nevertheless, it’s still suggested each spouse have their own Tallahassee divorce lawyer review the documents.
2) Tallahassee Divorce Mediation
In Tallahassee divorce mediation, the couple works with a certified Florida mediator to assist both parties in coming to an agreement on all of the details of their divorce. In most cases, the mediator is a neutral experienced family law attorney in Tallahassee, who isn’t an advocate for one or the other party. Instead, the goal of the mediator is to reach an agreement. However, it’s still suggested for both parties to consult with their own Tallahassee divorce attorney before signing the final divorce agreement.
Pros of Tallahassee Divorce Mediation
- Since, mediation typically doesn’t result in a fight in court, it typically results in a better long-term relationship.
- Mediation usually reaches an agreement faster and is less expensive.
- More peaceful proceedings of Tallahassee mediation results in less stress on the children.
- Since the courts are not making the decisions, you retain more control.
- While a litigated Tallahassee divorce is public, mediation is private.
Cons of Mediation in Tallahassee
- If mediation fails, it will be a waste of money and time because you have to start over.
- Mediation in Tallahassee could result in an unenforceable agreement.
- The outcome could be unduly favorable or incomplete.
- Could result in legal complications because any legal matter must be ruled on by the court.
- Because all financial data is disclosed voluntarily, mediation could result in a failure to uncover all assets.
- If one spouse is submissive and the other is dominant, mediation could reinforce unhealthy behavior patterns and result in an unfair agreement.
If you are going into mediation, it’s important to understand that not all agreements are good agreements.
3) Tallahassee Collaborative Divorce
In the most simple sense, a collaborative divorce is when you and your spouse work out the details of the divorce without ever going to court. During a Tallahassee collaborative divorce, you and your spouse each hire your own Tallahassee family law attorney who is trained in the process. Then, each divorce attorney assists their client in negotiations toward a settlement. You and your spouse will meet with your attorney separately, and the attorneys then meet. In some instances, Tallahassee collaborative divorces involve financial planners, therapists, or coaches to assist in difficult matters, such as child custody.
Problems with the Collaborative Divorce Process
As a component of the collaborative process, all parties must sign an agreement that requires attorneys to stop the process if litigation is threatened or if an agreement isn’t reached. If this happens, neither your nor your spouse can use the same attorneys. In the event the collaborative divorce is effective, a Florida family law judge will still have to sign the agreement. In any case, this process can be less expensive and quicker than traditional litigation.
Although a collaborative divorce has several advantages, it is less likely to work when there are major assets or in complicated financial situations. Similar to mediation, all income, liabilities, and assets are voluntarily disclosed. As a result, high net worth divorces often involve professional practices and businesses, which makes it easier to hide assets. In addition, the valuation of assets has historically been very contentious.
Avoid Mediation Divorces, Collaborative Divorces, and DIY Divorces If
- One spouse has a alcohol or drug addiction.
- You think the other spouse is hiding income or assets.
- There is the threat or history of domestic violence or criminal assault toward the children or you, which includes mental andphysical.
- One party is overbearing and domineering.
- If one spouse is afraid to voice their opinions.
4) Tallahassee Litigated Divorce
Of all the Tallahassee divorce alternatives, the most common option is the litigated divorce. It’s important to keep in mind litigated divorces do not always end up in court. As a matter of fact, most litigated divorces are settled out of court. In the most simple sense, a litigated divorce is when one party wants to get a divorce and the other doesn’t.
Because a large number of divorces begin as emotionally charged, financially complex, and adversarial situations, litigated divorces are usually the only solution. Unlike other forms of a divorce, attorneys can subpoena financial records, which prevents spouses from hiding money or assets. In addition, a litigated divorce can be appealed, and the court can be petitioned to rehear the case.