Do I Have to Go to Court to Modify Alimony in Orlando?

Due to recent changes to Florida’s alimony laws, modification petitions are becoming more common. As spouses encounter situations that allow for these modifications, they may jump at the opportunity to reduce this financial burden. However, this enthusiasm is often dampened by the prospect of going back to court. Do you really have to go back to court in order to modify your alimony in Orlando?

You Can Modify Your Alimony Through ADR Instead

Instead of going back to court, you can use alternative dispute resolution (ADR) to modify your alimony. This process occurs outside of the courtroom during confidential negotiations. Various methods are possible, from mediation and collaborative law to arbitration. While each method is slightly different, they are all generally cheaper, faster, and less stressful than trying to modify your alimony in a courtroom setting.

Both Spouses Must Agree to Participate in ADR

That being said, ADR is always a voluntary process. Your ex is under no obligation to participate in this process, and they could always push for litigation instead. The question is, why would they refuse to participate? Some spouses just want to be difficult, but others may feel that they have a chance of continuing the alimony payments if they go to court. Others simply do not understand the benefits of ADR.

In any case, it might help to educate your spouse a little before dismissing the possibility of ADR altogether. For example, you might explain how much money on legal fees you can both save by negotiating in private. Perhaps you’ll explain that this process is also faster and less stressful.

If your spouse believes that they deserve to continue receiving alimony, you may want to explain why they are wrong. For example, your spouse might have started “cohabitating” with someone new. Perhaps they have moved in with a new romantic partner, and this new couple is paying their bills together. Florida clearly states that a development such as this should end alimony. Once your spouse becomes aware that they will almost certainly lose in court, they might be more willing to negotiate.

Many other “changes in circumstance” can lead to the almost automatic termination of alimony. A particularly noteworthy example is retirement, and new laws in Florida make it easier to terminate your alimony once you finally hang up your work boots.

An experienced alimony lawyer may be able to explain these new realities to your ex (and perhaps their own attorney) in a clear, respectful way. Consider working with a lawyer if you’re serious about negotiating effectively and avoiding courtroom drama.

Can an Orlando Alimony Lawyer Help Me? 

An Orlando alimony lawyer may be able to help you modify your alimony without going back to court. Spouses may be able to make these changes through ADR methods like arbitration, mediation, or collaborative law. If the outcome seems relatively certain, there isn’t much point for either spouse to waste legal fees on a trial. Continue this conversation with Steve Marsee, P.A. today.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html