Amicable Divorce is Possible

Divorce is never easy, though some people seem to breeze through it more unscathed than others. There are a lot of emotions packed into the relationship and these tend to seep out during the divorce process. The result can be a messy, difficult, or even tumultuous time period that may be difficult to get through. The best option, of course, is to try to resolve the divorce as amicably as possible. This is especially important for couples who have children because they need to transition to a new type of parenting situation. There are some tips for getting through a divorce with as few problems as possible.


Resolve the Big Issues First

It may be easier and less stressful to try to tackle the biggest or most difficult issues first. Both parties may be able to maintain a cordial relationship, especially at the beginning. Once things become more involved and emotions begin to run high, the couple may have more trouble trying to sort through even the most basic decisions. The more settlement terms you can agree with together the better, because this is the basis for a more harmonious situation.


Conscious Uncoupling

One of the most popular catch-phrases of divorce in the last couple of years is conscious uncoupling, and there is certainly more to this than just a name. This movement is a method of working on divorce as a growing experience and not as a blame-game. The root of this method is to look inside yourself for reasons and answers as to the situation and to use the divorce as a reason to improve yourself. While most couples will not go as far as to try the specific method of conscious uncoupling, they can try to look at the divorce as a stepping stone or transition to a new or better place.


Seek Help for the Rough Spots

It is important to realize when a rough spot is coming as soon as possible. If you know, for example, that there will be a disagreement over the house, make sure that you let your attorney know immediately. An experienced divorce lawyer will address the difficult situation in the best possible way while protecting your rights and respecting your position. The key to an amicable divorce is not to allow disagreements to get too far. If they do they will inevitably cause a breakdown in communications and the entire process will suffer as a result.


Guidance from Your Divorce Attorney

Divorce is a legal process and can be rather complex. It is essential to make sure that the decisions you make today are the best for you and your family both now and in the future. Your lawyer is your first and best choice for guiding you through the divorce process. Meet with your attorney as soon as possible and let your lawyer know what issues are most important to you. You should also indicate which areas could be contentious so that they can be addressed preemptively. If you have decided to divorce, contact the Tampa divorce attorneys and family law lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

The Divorce Process in a Nutshell

The length and what is involved in the divorce process depends upon the parties involved.  Furthermore, if you or your husband or wife is in the military, there may be issues involved such as military retirement, special residency requirements, requirements of service on an active duty spouse. There are those who can agree on a settlement of their issues and so obtaining a divorce is uncontested. Sometimes the parties can enter into an agreement and file it with the petition for divorce.  Or in the alternative, he or she can file the petition with the court and serve the other party with it by process server, who will have 20 days to respond.  Furthermore, if the other party is agreeable he or she can accept service of the petition, rather than being served by a process server.  Upon filing the petition, the court will order that the parties attend a Case Management Conference which is scheduled for 90 days after the petition is filed.  This is a hearing which is essentially a status conference, so that the judge knows what is happening in a case and what needs to be done in it.

Hammering out a divorce agreement!

Even if the parties can come to an agreement, there are still forms which must be completed, some of which are filed with the petition and some are filed prior to the final hearing.  There is mandatory disclosure which is required of both parties; however, they can agree to waive it.  It is required that each party file a Financial Affidavit and this requirement cannot be waived.  If there are children involved, then it is mandatory that a Parenting Plan signed by the parents and a Child Support Guidelines Worksheet be filed.  Child support is mandatory because family law looks at it as it is for the child and cannot be waived by the parents.  

If a marital settlement agreement is not filed with the petition, then the husband and wife will have to come to an agreement thereafter and file it with the court.  If they have attorneys helping them with their divorce, then the attorneys can put the agreement together and the parties will sign it.  If an agreement is reached and  filed, then the parties can proceed to an uncontested final hearing or the final hearing can occur at the Case Management Conference.  At that time, the judge in the case will enter a final judgment which will incorporate all of the terms in the agreement.  It will thereafter be enforceable by the court.

If the parties cannot come to an agreement, then in Hillsborough County, mediation is required prior to the case being heard by the judge.  Mediation can be either through the county or private mediation.  Private mediation may be more costly; however, it can be scheduled earlier in the process, as it usually takes two to three months to schedule a mediation with the county.  Another plus to private mediation is that there is no time limit on the length of the mediation, whereas, county mediation is limited to two hours.  If the case is uncomplicated, then county mediation may be sufficient; however, for more complicated cases it is worth the additional expense to attend private mediation as the parties have more time to settle and are more likely to settle some or all of the issues .  If an agreement is reached, the mediator will prepare the agreement for the parties to sign.  It will then be filed with the court and a final uncontested  hearing will be scheduled.  The final judgment will incorporate the terms of the mediation agreement.

A trial date will be scheduled for resolution of all or the remaining issues if the parties cannot come to an agreement at mediation. This will be a contested divorce action. The parties may also need to attend a temporary relief hearing if there are issues such as child support, child custody and timesharing, alimony and property division, which need immediate resolution.  Trial dates may be scheduled for three months or more after mediation.  The parties will attend the trial with their attorneys and each will present testimony and evidence to support their position.  The judge will take it into consideration and he or she will come to a decision at the trial or more often weeks after the trial date.

It is very costly both financially and emotionally to prepare for and attend trial.  Furthermore, neither party may be happy with the court’s decision.  Therefore, if at all possible, it is advisable to come to an agreement which requires that the parties compromise and understand that it may not be possible to receive everything requested.

By Lynette Silon-Laguna

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