When Does A Florida Uncontested Divorce Become Contested?
Ideally when a couple gets a divorce, they can agree to all the different terms of the case. The most common terms include property division, spousal support, time-sharing, and child custody. When a couple can reach an agreement on their own, they can obtain an uncontested divorce by simply drafting an agreement and submitting it to the court for approval.
In the event that a couple cannot agree to even a single term of the divorce, an uncontested divorce case becomes contested. Contested divorces do present many more challenges than uncontested cases. Fortunately, if your divorce case becomes contested, you still have options.
Divorce Settlement Negotiations Through Mediation
When a couple cannot agree on one or more terms of divorce, they can try mediation to resolve their different disputes. During mediation, the couple will meet with a mediator, either together or separately. Mediators are neutral third parties. Sometimes they are attorneys, but that is not always the case.
A mediator will not provide legal advice, nor do they make any final decisions in the case. The role of a mediator is only to try and help the couple agree on all the different terms of the case through compromise and communication. When a couple can reach an agreement during mediation, the mediator will create an official agreement and submit it to the court for approval. As long as the court finds the agreement to be fair to both parties, they will approve it and the terms of the divorce case are final.
Divorce Settlement Negotiations Through Collaborative Law
A collaborative divorce also involves a series of meetings during which negotiations take place. During a collaborative divorce, however, the spouses meet together with their attorneys. The attorneys review the facts of the case and enter into negotiations to reach a settlement that represents their client’s best interests. The process is over when an agreement has been reached by both sides.
It is important to note that if an agreement is not reached during collaborative law, the attorneys representing either side cannot represent their client during litigation. This is due to the fact that collaborative law is solution-driven and the ultimate goal is to reach an agreement. Attorneys, as well as their clients, may be more motivated to negotiate fairly rather than take a hard and unreasonable stance on any issue when they know they cannot continue to represent their client if the collaboration process fails.
Contact Our Collaborative Divorce Attorneys in Tampa Today
If you are going through a divorce, and even if you have just started to consider the idea, do not go through it on your own. At All Family Law Group, P.A., our Tampa collaborative divorce attorneys can provide the sound legal advice you need and represent you during mediation or collaborative law sessions to ensure you receive the fairest settlement possible. Call us now at 813-672-1900 or reach out to us online to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help with your contested or uncontested divorce. Se habla Español.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/0044.html
