Divorce Attorneys Helping Florida Couples Settle as Fairly as Possible
While it is true that life is not always fair, there is the possibility of a fair divorce settlement. However, determining if a divorce is “fair” comes down to what each side believes, and what the statute dictates. After all, what is fair according to the statute might not feel fair to the petitioner or respondent. To get what is as fair as possible in your divorce, it is best to work with a family law attorney who can advocate for you. An attorney improves the outcome of your divorce, assists you in receiving assets fairly, and can help ensure that that all debts are divided accordingly.
The Importance of Not Focusing on “Fair”
All too often, couples focus on the term “fair,” without realizing what that means in a divorce. If you are going through a divorce, know that the decisions in that divorce are not based on what you or your ex thinks. Instead, it comes down to what the statute says and what the judge feels is fair.
Arguing that something is unfair will not go far in divorce court. Instead, past case law and statutes are applied to determine everything from asset distribution to debts and child custody. This is the beauty of the justice system: It is designed to be unbiased. The law applies to you the same way it applies to the couple next door – and in the eyes of the law, this is what is fair.
Understanding the Judge’s Subjectivity
Judges are still human. Judges can come from all backgrounds, political parties, religious or nonreligious beliefs, and more. These backgrounds do impart some influence on judges, even though they swear to be impartial. This is not, however, an intentional act to undermine you. A judge still listens to both sides of the argument, hears the evidence, and considers applicable case law. With a good divorce lawyer, you can argue what is fair based on the law and your needs.
How to Increase Your Odds of a “Fair” Divorce
If you want a civil divorce, there are things that you and your spouse can do to keep things as fair as possible.
- Treat each other with mutual respect. Realize that the process of divorce is difficult for both of you. Each of you is feeling overwhelmed, anxious, and possibly depressed. By trying to put yourselves in each other’s shoes, you might be able to identify (and avoid) issues that can provoke one another into feeling like things are stacked against them.
- Try to avoid litigation. What is fair to you and your ex is not always what the judge deems fair. If you cannot reach a settlement that you both agree to outside of court, then you leave what is “fair” in the hands of the judge.
- Work with a family law attorney. Sometimes, you and your spouse will not see issues the same way; other times, your ex-spouse might try to use the statutes in his or her favor. To level it and ensure that you get a settlement that is acceptable, hire a family law law firm.
Contact a Family Law Attorney for Your Divorce Case
If you are going through a divorce, make sure you get what is fair to you by working with a family law lawyer from Beller & Bustamante, P.L. Schedule a consultation now at 904-288-4414 or request your appointment online.