How Do Divorce Settlements In Florida Work?

Whether you’ve been researching this topic online or speaking with friends and family, you may have heard that a negotiated divorce settlement is the best option. Although each divorce is different, there are many reasons why this might be true for your specific situation. Negotiating with your spouse outside of court is generally fast, private, and cheap. It also puts you in the driver’s seat, allowing you to control the outcome of your divorce instead of leaving important decisions up to the family court. Some even argue that a negotiated divorce is easier on the children. But how does this process actually work? Let’s find out:

Divorce Negotiations are Like Informal Trials

 In many ways, a divorce negotiation is like an informal trial. Although there are fewer rules, these negotiations still follow many of the same processes. For example, there is often an informal discovery process. The discovery phase of a trial involves the exchange of information between parties. For example, you might request certain financial documents from your spouse to get a sense of their assets and overall wealth. Both the informal discovery process during negotiations and the discovery phase of a trial obligate spouses to provide this information.

On a broader level, negotiations are underpinned by an understanding that spouses could go to trial if they fail to reach a resolution. This means that many of the negotiation tactics will involve references to applicable state law. For example, Florida follows a system of equitable distribution when it comes to property division. Although spouses can deviate from some of these principles, they generally follow the same basic rules during negotiations. One notable exception is if spouses have signed a prenuptial agreement.

Negotiations are always more effective if spouses can back up their claims and requests. For example, a spouse might argue that they need a certain amount of money in the divorce settlement. They might then show their projected living costs after the divorce in order to prove that these requests are based on real calculations rather than arbitrary sums. This is just one example of how financial documents and related evidence can play an important role in the negotiation process. That said, the process of filing and presenting evidence isn’t as formal as that of a trial.

At the end of the negotiation, spouses can sign a special agreement that is legally binding. This agreement should resolve all aspects of the divorce, including child support, custody, property division, and alimony. The last step is to have a judge sign and approve the agreement.

Where Can I Find a Qualified, Experienced Divorce Attorney in Florida? 

If you’ve been searching for a qualified, experienced Orlando divorce attorney, look no further than Steve Marsee, P.A. Over the years, we have helped numerous divorcing spouses in the Sunshine State – including those who are ready to negotiate and pursue a divorce settlement. The process might seem complex at first, but it is also simpler than a trial. With our help, you can negotiate effectively and pursue an outcome that serves everyone’s best interests. Book your consultation today to get started.

Sources: 

floridabar.org/public/consumer/pamphlet010/

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html