If you are contemplating getting divorced, it is very important that you consider which divorce process that you choose. So, what is meant by “divorce process”? There are options that should be seriously considered – do you want to jump straight into a contested litigation or attempt to achieve a different method of resolving your Florida Dissolution of Marriage issues such as attempting mediation.
In a contested divorce, the focus is completely on who wins and who loses. The question becomes what really constitutes a win but only within the context of Florida Statutes Chapter 61. In a contested litigation, a Florida Family Law Judge can only do much under Florida law. A Judge is required to do what is fair and equitable. Florida Statute § 61.075 states that Florida is an equitable distribution state.
As an equitable distribution state, a Florida Family Law Judge is guided by principles of equity which means that both the husband and wife should be treated in a fair manner when dividing assets and liabilities. In all reality, a Judges hands are tied and cannot always enter a Final Judgment of Dissolution of Marriage that is suitable due to the way the spouses conducted themselves during the course of their marriage.
An alternative to a contested divorce is mediation, and mediating with our Florida Supreme Court Certified Mediator at Mediation of Coral Springs, Inc. can provide you with some very creative options. Although it can confrontational, mediation does not have to be. At Mediation of Coral Springs, Inc. we strive to make the process peaceful and fair where your personal goals determine what is truly a win for you and, if appropriate for your children.
At Mediation of Coral Springs, Inc., our Florida Supreme Court Certified Mediators work with both parties to understand how assets and liabilities should really be allocated. In most cases, two spouses know how to divide all of their assets in a manner that may not be technically correct under their lifestyle. If both spouses agree, a Florida Family Law Judge has a very limited ability to do anything other approve your Mediated Settlement Agreement. On the other hand, an agreement related to children has to be approved only when in the best interest of the best interest of the children.
When it comes to children, for example, a Parenting Plan is required to be filed in Florida. The Parenting Plan is supposed to be a road map when it comes to all child related issues after a Final Judgment of Dissolution of Marriage has been signed by a Florida Family Law Judge. When a Judge determines what information goes into a Parenting Plan, it can be generic in terms of regular schedules, holiday schedules, the division of extracurricular activity costs, and other basic parenting essentials. But what most Parenting Plans don’t cover are issues such as hurricanes, extreme weather conditions, or hospitalization of a parent. At mediation, our Florida Supreme Court Certified Mediator can address this type of issue and make your Parenting Plan very specific to the facts of your case.