A divorce process is entirely or very much different from what you may see in a courtroom scene in a movie. It is certainly not restricted to a man and a woman fighting over the assets, liquid and otherwise, to determine the share of each while the judge looks on, helplessly!
In fact, there are different processes followed to settle disputes in divorce cases. Ideally, the primary objective of the divorce lawyers is to settle the case as amicably as possible so that both the parties end up receiving what they deserve, legally.
Here is a list of all the different types of processes that may be followed by top divorce attorneys in Floridaaccording to the circumstances.
The two types
Before you know about the processes followed in the divorce cases you should know that there are ideally two types of divorce cases, namely the no-fault and the fault-based divorce cases. The type of case filed will depend on the rule of the state.
When a fault-based divorce case is filed by any one of the married couple, it will involve the legal blame on one spouse to the other who the plaintiff thinks has caused the split between the two. The most common causes to file a fault-based divorce cases are:
- Abuse and
On the other hand, if the state does not allow the spouse to file a fault-based divorce case then you will have to resort to a no-fault divorce case. In this type, the marriage is considered to be in a state that is literally ‘irretrievable.’ That means, it is only indicated that the marriage is broken and none of the parties are allowed to blame each other for the breakdown of the marriage.
There are a few reasons why most states follow a no-fault divorce case. The benefits of it include:
- The petitioner need not prove anything against the other party to get the divorce
- The respondent cannot prevent the divorce from happening but however can fight for alimony and child custody
- The proceedings are faster because there is no proving required by the petitioner against the respondent.
However, the law allows the couple to choose the specific process to be followed in a no-fault divorce case.
The mediation process
This is a much different process from traditional divorce case settled in the courtroom but is legally binding for both parties. It is a less expensive method to get matters settled.
- First, in this process the spouses decide the place and time to discuss the outcomes and there are no court dates mandated.
- Second, there is no need of a judge in this process till the time the divorce decree is ready and needs to be signed.
- Third, there is no representation of the parties involved in this process. However, the spouses meet in presence of a neutral third-party representative who guides them through the different aspects of the process.
- Fourth, since the judge does not make a ruling, things can be changed till the time the decree is signed.
- Fifth, it is a more collaborative process than traditional divorce cases as the spouses are not ‘against’ each other but settle the issues by making mutual compromises.
Therefore, this is the process wherein the control is in the hands of the spouses rather than the judge.
The mixed approach
If you do not want to follow the traditional divorce process wherein the judge is the one who makes the ruling and the divorce lawyer in Fort Pierce represents your case or even do not have full faith in the mediation process, you can opt for a mixed approach to settle the dispute. However, this is something that most of the people are unaware of. This process can save a lot of time, hassles and money while getting divorced.
In a mixed approach, the process starts with mediation. This is where the spouses come to know the plethora of options, requirements and consequences before they meet in the court, if need be. All the pain points within the divorce are discussed during the mediation process which helps the parties to prepare appropriately for the traditional courtroom trial.
Ideally, if the case is settled through mediation, it saves a lot of time in the short term and money in the long run. If not, the case can be taken to court for the judge to decide on which none of the spouses will have any say or control. The judge will now skip on the elementary aspects and focus on the more problematic issues to