Tuesday, April 26, 2016
While divorce often is a difficult time of transition, there are some instances in which both sides quickly agree to part peacefully. Due to financial reasons, they might look for ways to cut costs, and we're often asked whether both parties may share the same Coral Springs divorce lawyer in a dissolution of marriage case.
No matter how peaceful a divorce may be, the parties are still considered to be adversarial from a legal standpoint; therefore, they should not share a lawyer. In fact, most states prohibit divorce attorneys from representing both sides as the two sides have conflicting interests. Nevertheless, there is one exception in which a divorcing couple may eliminate the need to work with separate attorneys: Mediation.
How mediation works
Divorcing couples who choose mediation may do so with a neutral attorney. Mediation is a more favorable option for parties who do not require much help from a third party to resolve their issues. Saving time and cost while avoiding a lengthy trial are among the major benefits of choosing to go to mediation. The neutral attorney-mediator can provide some potential benefits to the parties, including's role is limited to:
- helping both parties understand the law
- assisting with filling out forms and exchanging financial disclosures
- helping divorcing spouses identify the main points of contention
- helping the parties reach a mutual agreement
- drafting divorce settlement agreements
Attorney-mediators cannot be forced to testify about discussions that take place during the mediation process as everything discussed is confidential. Because mediators are neutral, they are unable to take sides or provide legal advice.
Mediation and children
Another advantage to choosing mediation is the positive effect the process has on children. Because mediation is typically less stressful than going to trial, children are able to see their parents work together. Peaceful cooperation increases the likelihood of parents receiving joint custody, which allows both parents to have a greater presence in their children's lives. Parents are also usually able to maintain more control over deciding their children's interests in the mediation process versus litigation.
Reasons to hire an attorney
There are a multitude of advantages to hiring a Coral Springs divorce lawyer, even if it seems that both spouses are in agreement on all issues. Retaining a private attorney allows the client to ask legal questions, receive the benefit of professional advice, and hear another perspective that may lead to the client receiving a more favorable outcome. Discussions with a private attorney are also confidential; therefore, if a party wishes to discuss issues in the absence of his or her spouse, he or she may do so without fear that the information will be introduced in court. Furthermore, having a personal attorney look over the settlement agreement draft can help ensure that the client is better protected than simply signing the agreement without legal counsel.
When to choose mediation
Mediation should generally be considered if both parties have a mutual respect for each other. People who are considering mediation should realize that there are some cases and some people who are simply not well suited for mediation. There are also certain issues like child custody, distribution of finances, and pensions that may become contentious as the two parties meet to discuss them. Mediation should never be considered in cases that involve a history of domestic violence.
If you are considering mediation in Broward County, Florida, call a Coral Springs or Parkland divorce attorney to determine whether mediation is an option in your case.
Updated: January 20th, 2016
Friday, April 15, 2016
Posted By: Stuart N. House
Confusion abounds in the minds of couples contemplating separation or divorce. The most common question pertains to the legalities of a "legal separation." The confusion is justified because that term does not have any strict legal meaning in the state of Florida.
3 Types of Marital Separation
Couples sometimes move through two or three separations on their way either to a reconciliation or a final divorce. And while those separations don't apply to the legal system, they can carry important legal consequences. Here are the most common types of separation:
- Trial Separation: The couple tries living apart to see if this is what each party truly desires. This type of separation is not recognized by courts but is rather a process on the journey from marriage toward divorce. All the assets accumulated during this period are considered to be marital property, and the debts will be considered marital debts.
- Permanent Separation: Couples permanently live apart from one another. There are very important legal implications involved in this arrangement, and the failure to properly attend to those issues could have potentially profound adverse effects on the rights of the parties, particularly relating to property rights and potential spousal support and child support issues. In nearly every state, the assets and debts after the separation are those of the party receiving or incurring them. In the case of providing for children or the marital home, the debts may be considered joint. This type of separation may not be legal unless in a circumstance where one of the couple files for permanent separation rather than divorce.
- Legal Separation: Though the term itself is somewhat of a misnomer, occasionally a couple separates, and has the Court determine issues of child support, alimony, child custody/visitation and property division without obtaining an actual divorce. This can be done either by written agreement, or by contested court action. Generally, this arrangement is undertaken instead of a divorce for personal, religious or financial reasons.
2 Types of Divorce
There are two types of divorce: at-fault and no-fault. Florida is a no-fault divorce state; however, in the case of adultery, an at-fault divorce can be granted.
- No-Fault Divorce: One spouse can sue for divorce without having to accuse the other of any wrongdoing. Claims of incompatibility, irremediable breakdown of the marriage or irreconcilable differences can be entered into the court record without having to blame a spouse. This is the model which exists in Florida.
- At-Fault Divorce: In states other than Florida, a spouse may be required to establish some measure of fault, like adultery, domestic violence or substance abuse. THIS IS NOT APPLICABLE IN FLORIDA IN ORDER TO OBTAIN A DIVORCE, notwithstanding the fact that the Sunshine State is a "no fault" state, there may be circumstances within a divorce proceeding where the evidence of misconduct of the other spouse becomes relevant to particular issues within the divorce. For example, domestic violence and/or substance abuse would be relevant to determination of parenting issues, and wrongful dissipation of the marital estate (spending marital money on a paramour) would be relevant to determination of equitable distribution, and possibly alimony as well.
Divorce is the permanent end to a marriage. The court oversees how the marriage will be untangled regarding custody, property division and future financial support. One or more of the forms of separation may allow couples to take the time to calm their tempers and see how living apart changes their outlooks.
The time between marriage and divorce is a good period in which to use individual and couples counseling, and to think carefully about what life after marriage will look like. During this time, consulting with a Parkland or Coral Springs divorce attorney can help you better understand your options, as they apply to Florida laws.