The thought of working together with an ex-spouse after a divorce to divide up assets and manage child custody issues can be troubling. After a divorce, many people want as little contact as possible with their ex-spouse, as healing emotionally can be a long and difficult process. This is part of why hiring a lawyer is so helpful, as it allows him or her to be the primary point of contact for the legal matters involved in your divorce.
However, this does not necessarily mean that you will be heading to court to deal with a divorce litigation trial. While this is the case for some, there are other ways of managing the division of assets and child custody, including collaborative divorce and mediation. At Beller & Bustamante, P.L., we have a strong understanding of Florida divorce law. We would be happy to serve you, regardless of the manner in which you and your ex-spouse have chosen to deal with the legal issues involved. To get a basic understanding of these three separate methods – litigation, collaborative divorce, and mediation – we have provided a short summary of each.
While you and your ex-spouse may have split amicably, you will still need some advice about how to split up your assets. Through a mediation, you and your ex-spouse meet with a mediator to cordially decide how you are going to manage your co-owned property and assets. This is an ideal scenario, as it cuts down on court costs and is generally less time consuming. However, mediation relies heavily on you and your ex-spouse being able to communicate and compromise, and should not be considered if that does not seem viable. Additionally, note that the mediator will not be able to provide either of you with legal advice, as he or she is, by definition, neutral.
Like mediation, collaborative divorce allows you to avoid a trial. Instead of one neutral mediator, however, each party has a lawyer advising and representing them in meetings. Lawyers, unlike mediators, offer legal advice to their respective clients, helping them work out the financial and legal details of their separation. This may work better if you have a large amount of valuable assets to divide up, and/or if there is not good communication or a strong willingness to compromise between you and your ex-spouse. However, if communication issues arise, your attorneys may recommend involving a specialist, such as a divorce counselor. This can draw out the process somewhat, but a collaborative divorce is still faster – and usually cheaper – than litigation.
The final option for going through the divorce process, litigation is typically reserved for highly contentious divorces where there are strong disagreements about how assets should be divided, as well as child custody issues, if applicable. While more expensive and time-consuming than mediation or collaborative divorce, it may be the best way to ensure that you retain a fair share of your co-owned property and time spent with your children.
Beller & Bustamante, P.L. – Jacksonville’s Divorce Attorneys
At Beller & Bustamante, we understand the difficulty of a divorce and all that it entails. Attorneys Rebeccah Beller and Mina Bustamante have over 40 combined years of experience working in family law, and they can help your transition be as smooth and fair as possible for you and your family. Whether you and your ex-spouse have decided to work out your legal and financial complications amicably or it has become apparent that litigation may be needed, we are here to help. Call us at (904) 288-4414 or send us an email through our contact page to set up a consultation.