We now offer Virtual Mediations using Enhanced Video Conferencing
Date Posted: September 21, 2023 1:05 am
Your marriage might not work due to differences in personality, contrasting lifestyles, and opposing expectations. Divorce seems like the only way out. But no matter how different you and your spouse are, dissolving marriage does not have to result in an adversarial, all-or-nothing court battle. You can do better than that. If you are not sure what to do, ask Floridians.
This article will briefly present the Florida divorce statistics and offer the top 10 ways to achieve an amicable divorce in Florida. Read on to learn more!
Floridians are at the top of the list when it comes to divorces. The Centers for Disease Control and Prevention (CDC) data show that 3.5 out of 1000 Florida residents divorced in 2019. Compared to the 2.3 per 1000 national divorce average, the Sunshine State inhabitants lead the way.
But Floridians not only divorce more frequently – they are also known for looking for amicable and non-adversarial ways to end their marriage.
According to the Florida Department of Health, over 70% of Florida couples divorce out of court.
In addition to being time-effective (lasting 4-6 months), methods resulting in out-of-court divorce settlements produce more successful outcomes (80% in custody and over 65% in child support, alimony, and property division cases).
Fighting your spouse in contentious litigation does not require much effort. All you need to do is succumb to your lowest instincts, letting out all the frustration, rage, and vindictiveness. However, engaging in civilized discussion and seeking amicable solutions requires a higher level of consciousness. Here are the top 10 ways to have a peaceful divorce in Florida:
Mediation is unmatched among out-of-court divorce methods. Do you and your spouse wish for a harmonious and healthy divorce? If yes, mediation is the right way to go. Unlike litigation, mediation focuses on free will, open communication, and informal exchange between divorcing couples. No state-appointed judges and juries are imposing one-size-fits-all solutions to each case. Instead, neutral, impartial mediators facilitate open negotiations between spouses, putting them behind the steering wheel of their divorce journey. No mandatory rules regulate disclosures in mediation. Instead of compelling discovery mechanisms, parties engage in informal communication, promoting transparency and openness. Mediation helps parties let off steam and express their emotions in unstructured and flexible ways, participating in private and joint sessions. The mediator stays neutral, assisting their negotiation efforts and leading them toward the settlement. As a powerful tool, mediation can result in an agreement dealing with all divorce and post-divorce arrangements (marital property distribution, child custody, support, alimony, etc.).
Collaborative divorce is another alternative dispute resolution method that helps spouses find amicable and peaceful solutions to their divorce problems. In this process, each spouse retains a collaborative attorney to represent them in future negotiations. But instead of fighting in court against each other, they work together to bring mutually beneficial outcomes to their clients outside the court. Collaborative law relies on a team of experts and their insights that help parties determine accurate facts and negotiate the best solutions.
No amicable solutions are possible without open communication. Peaceful and non-adversarial talks are a cornerstone of successful amicable divorces. No matter which divorce method you choose, keeping communication lines open is crucial. It allows spouses to express emotions and discuss concerns, goals, and needs. Effective communication is the foundation of every out-of-court method. While you can litigate your divorce-related dispute without talking to your spouse, amicable marriage dissolution is impossible without civilized and friendly talks between the spouses.
Never compromise on the well-being of your children. They did not ask to come into this world. You wished to have them around, so you are responsible for their happiness. That should be your guiding principle when dealing with divorce-related issues. If you ever considered engaging in litigation, be aware that it will not do them good. Seeing their parents fighting and revealing family matters in front of a jury and the general public will leave your children with deep emotional scars for years. Therefore, if you care about raising self-confident, healthy individuals, do all you can to resolve your disputes amicably and out of court.
Rigid attitudes and stubbornness may be the right approach in court, but an amicable divorce requires you to question your position and be willing to compromise. Out-of-court methods are the apex of a peaceful divorce. Flexibility and openness are their foundations. That means thinking from different perspectives and the willingness to make concessions. You can never get everything in negotiations because it is not a zero-sum game. You and your spouse must meet in the middle.
Mediation and collaborative divorce promote an expert-based approach to dealing with divorce disputes. Parties can hire experts from different fields to help them overcome this challenging period. A divorce coach is one of them. With expertise in the emotional aspects of divorce, coaches can provide emotional guidance and support to divorcing couples. Marriage dissolution plays out in several stages, redundant with intense emotions ranging from anger and resentment to shock and disbelief. Divorce coaches can help you cope with such feelings and maintain a clear perspective. That results in peaceful divorce and positive post-divorce relationships.
Disagreements about financial matters typically lead to marriage dissolution in the first place. So, maintaining financial transparency is vital to ensuring an amicable divorce. Out–of-court divorce methods rely on informal disclosures, but using Financial Disclosure Affidavit forms can further promote transparency, ensuring fair property distribution based on accurate financial information.
Going through the steps mentioned above will most likely result in a divorce settlement resolving your dispute. However, drafting a comprehensive settlement is as essential as other ways of achieving amicable divorce. Your agreement must reflect what you and your spouse agreed upon regarding property division, child support, and alimony. Otherwise, it becomes the source of future disputes. The agreement is legally binding, so double-check each provision before signing.
The key to an amicable divorce is preserving privacy throughout the process. In the era of social media, many people find it hard to refrain from sharing personal details online. Maintaining a peaceful approach to divorce requires you to set priorities. Think about your children and your former spouse. Keep personal affairs away from the public eye (including friends and family) to avoid tensions and potential escalation that can ruin the chances for an amicable divorce.
Finally, seek professional help if emotions become too tense and threaten to escalate the conflict. Numerous options are available, including online therapies and divorce counseling. Reaching out for help can help you channel your emotions and get back on track.
An amicable divorce in Florida is not mission impossible. All it takes is the right mindset, open communication, and emotional support.
A certified family mediator, Mrs. Goade has been amicably resolving disputes since 1993.
As an impartial professional, Ann encompasses all the traits you and your spouse need to have an amicable divorce. Her unrivaled family law expertise, supreme negotiation skills, and the highest ethical standards set her apart.