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Divorce Alternatives may be an option to the pain, hurt, and costs of divorce. However, divorce is not for every couple having a difficult time but a divorce alternative may be the right choice for you and your spouse. Generally, a divorce alternative requires an amicable separation, which both parties can come to an agreement on all matters. In most cases, a divorce alternative may be the best way to avoid the financial trauma of divorce. After exploring your options and if you have questions or want to discuss your divorce alternatives that may be right for you call our family law attorney in Duval or St. Johns County at 904-342-1050. Post-nuptial Agreement However, in some situations couples may not be ready to make a final commitment to divorce but want to separate to try separation without the final commitment of divorce. This alternative is more like a trial divorce without the actual divorce. In this case, most aspects of your marriage is defined and separated as the couple chooses, such as: finical obligations, assets, support, parental duties and households are separated. This option can be as painful and as stressful of a divorce but can be easily reversed and still cost much less than a final divorce. In most cases, this option by far out ways the financial costs of divorce without making it a final commitment. If after the legal separation, both couples decide divorce still cannot be avoided then the next step of making it a final divorce is much easier because most of the separations of assets are already defined. Uncontested Divorces An uncontested divorce is where both parties agree that divorce is the best option for your marriage. It is similar to a post-nuptial agreement in that it divides the marital assets, obligation, defines, support, and parental duties but it is elevated to a court decree. This option can be as painful and uncertain as most separation. However, where both parties are open to communication and are amicable, in most cases this is the least expensive way to divorce. Mediation In Florida, most contested divorces are ordered to a mandatory mediation to work out the details of your divorce anyway. So, if you and your spouse are cooperative and able to communicate mediation can be a great avenue to pursue if both parties generally agree on most issues and only need to work out a few differences. The presence of a disinterested third party can assist the communication between two spouses to works out a plan that both parties can live with. Mediation is more about bringing parties together to promote or facilitate a conversation between the parties rather than an adversarial process where the party’s are positioned against each other limited communication. In all cases, it is well established that Florida law will not allow parents to barter away what is in the best interests of their children or exclude the courts from reviewing terms or conditions of custody, visitation, or support. The Florida Supreme Court has made it clear that parents may not contract away the rights of their children to support; nor may either party waive a child's right to support by acquiescing in the obligated parent's nonpayment of support. If you need assistance in drafting an agreement the court may approve contact our family law attorney in Duval county or family law attorney in St. Johns County at 904-342-1050. |
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