Avoiding Battles And Unnecessary Costs During Divorce

by Attorney Ghenete Wright Muir

When facing a divorce couples often think that it is the beginning of a battle. However, couples are increasingly agreeing on the terms of their divorce. In order for divorce to have a less devastating effect on all those involved, it is critical for the couple to make every effort to work together and compromise during the process. If a couple must end their marriage it is best for them to work-out an agreement on the terms of the divorce. An agreement is best because it is cheaper and it is mentally and emotionally healthier.

Reaching an agreement makes the process less expensive because if the individuals cannot agree, then they will likely be paying lawyers to negotiate, mediate and, possibly, go to trial. Because family law attorneys generally charge hourly rates it is simple mathematics to understand that the more hours a lawyer has to put into a case the more expensive the case will be.

Reaching agreement is also better from an emotional standpoint. When a couple is able to agree on terms themselves they feel more in control of the process and have less animosity. When a judge makes a decision at trial it is likely that one or both of the parties to the divorce is unhappy with and may result in feelings of resentment which is unhealthy for obvious reasons.

Unfortunately, not every couple can come to an agreement, particularly when there are issues such as domestic violence. However, the majority of couples are able to resolve most, if not all, of their issues.

There are a number of common issues that usually affect the dissolution of a marriage. The simplest divorces are those that do not involve children or property. Without the issues that cause many conflicts these couples are more likely to reach a settlement agreement. If a couple is in fact able to agree, then an Uncontested Dissolution of Marriage petition may be filed in court. It is uncontested because neither individual is contesting the divorce. This uncontested divorce can be completed in a matter of weeks.

Divorces typically become more complicated once there is more at stake such as marital property and intensely emotional issues regarding children. Many couples with these issues are still able to come to an agreement prior to filing the divorce and are still able to file an uncontested divorce. For the couples that are unable to settle, either the husband or the wife can file for divorce in court. Thankfully, the Florida family court system strongly encourages settling by making mediations an integral part of the divorce process.

Mediation is a proceeding where a neutral third party, a mediator not a judge, helps the couple to come to an agreement. If a divorce cannot be settled prior to the mediation, I have found that most clients have been able to reach an agreement during the mediation process. So whether the couple agrees on their own, through attorneys negotiating on their behalf or through mediation, it is best for couples to take advantage of the various resources for resolution. 

For consultation, contact the Wright Muir Law Firm at (954) 318-7220, www.wrightmuir.com or send an email to the attorneys at info@wrightmuir.com

Our office is located at: 440 Sawgrass Corporate Pkwy., Suite 100, Sunrise, FL 33325