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What Are the Advantages of an Amicable Divorce in Florida?


In the past, couples in Florida had to prove that their partner was at fault for the end of their marriage to get a divorce decree and a more favorable outcome.

However, times have changed, and Florida has adopted no-fault divorce laws, which opened the door for uncontested and amicable divorces. While divorces are commonly associated with contentious litigation and negativity, divorce proceedings do not necessarily have to be unpleasant and adversarial.

If you and your spouse are able to work toward negotiating an amicable solution, you could greatly reduce the cost of your divorce and end the marriage with little to no hostility.

How to get an amicable divorce in Florida?

Since the adoption of no-fault divorce laws in Florida, getting an amicable divorce has become easier than ever before. Nowadays, all you need to get a divorce in Florida is to show that your marriage is “irretrievably broken.”

In fact, you do not even need to go to court to resolve complicated cases of your divorce, such as the division of marital assets. Instead, if you and your spouse can work together to reach a fair settlement, you can seek the help of a family lawyer to help you negotiate and draft a marital settlement agreement (MSA), an enforceable legal document that spells out the terms of the divorce.

The only requirement for filing for an amicable divorce in Florida is that one or both spouses must have lived in the Sunshine State for at least 6 (six) months before the filing date, pursuant to Section 61.021, Florida Statutes.

Even if your divorce case involves children or high-value assets, it can be resolved amicably with the help of your attorneys without having to go to court.

What are the advantages of an amicable divorce?

There are quite a few advantages of seeking an amicable divorce in Florida, including:

  • It is less stressful than adversarial litigation;
  • It is less expensive due to reduced legal and attorney’s fees;
  • It allows the partners to resolve their divorce case more quickly; and
  • It causes less pain and trauma in children.

Tips for an amicable divorce

While there are many benefits of seeking an amicable divorce, it can be difficult to overcome disagreements and ignore your feelings. Follow these tips to help you go through a divorce amicably:

  1. Do not put the blame on your spouse;
  2. Put aside your emotions and feelings when negotiating a settlement;
  3. Seek the help of an attorney to help you facilitate negotiations and make sure that your divorce case is resolved fairly;
  4. Keep your children out of the divorce process;
  5. Be open to compromise to reach a mutually beneficial solution;
  6. Have an attorney draft an enforceable and binding agreement; and
  7. Consider collaborative divorce.

If you are considering going through an amicable divorce as a less hostile and more peaceful alternative to traditional divorce litigation, speak with a Orlando divorce attorney to help you and your partner reach an amicable agreement. Contact our attorney at the Law Offices of Steve W. Marsee, P.A., to receive a consultation. Call 407-521-7171.

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