What is an amicable divorce in Miami, Florida?
Updated: Apr 24
An amicable divorce, also known as an uncontested divorce, is a divorce in which both parties can agree on the terms of their separation without the need for a long and contentious court battle. In Florida, an amicable divorce can be a much faster and less stressful way to end a marriage.
KEY FACTORS TO HELP YOU ACHIEVE AN AMICABLE DIVORCE
Several key factors can help make a divorce amicable in Florida. First, both parties should be willing to communicate openly and honestly with each other just like in old times when their relationship was fresh. This is not easy when they are at odds with each other as to what the ideal outcome should be. An amicable divorce does not mean that you need to figure out all the details of your divorce before hiring an attorney. The best practice is to hire an experienced divorce attorney early on to negotiate and create an agreement that will hold up in court and that is fair to both sides.
BE CLEAR AND SPEAK YOUR MIND
It's important to be upfront about your needs and concerns and to listen carefully to your spouse's perspective. This can help avoid misunderstandings and prevent the situation from escalating into a heated argument. Sometimes the eagerness to get out of a broken marriage may lead either one (typically the one that wants out) to relentlessly push the spouse to agree with their ideal outcome (whether money or time-sharing with the children) that then leads them to hire the most aggressive attorney in town out of fear.
LEARN YOUR RIGHTS BEFORE SIGNING ANY DOCUMENT
It’s common practice that before selling or buying a house one should speak with a local experienced realtor to confirm the value of the house and what is the market temperature before submitting an offer. Then comes the inspection period to make sure there are no hidden problems with the house. I further recommend that the buyer or seller should also have an experienced real estate attorney (we do not handle these cases though) handling the closing to avoid any headaches down the road. Yet, many people who are thinking about divorce do not want anyone to know their business, let alone disclose their lack of knowledge regarding their finances during the divorce process to sometimes foolishly sign unfavorable terms. A clear understanding of the laws and procedures related to divorce in Florida is critical during the divorce process. You could go to law school to become a good advocate for your rights, instead, rely on the guidance of an experienced divorce attorney to negotiate any thorny issues and to create, together, a plan to get divorced without long court battles. This can help to ensure that both parties are on the same page and that the divorce process goes as smoothly as possible.
START YOUR NEW, BETTER LIFE SOONER
One of the biggest advantages of an amicable divorce in Florida is the potential cost saving
because both parties can agree on the terms of their separation, they can avoid the time and expense of a lengthy court battle. Typically, divorces ended with a written agreement that was negotiated fairly and reached by mutual agreement, are less likely to end up in court to be enforced. This can make the divorce process much more affordable and allow both parties to move on with their lives more quickly.
Many divorced people will agree that although the financial savings of avoiding a long court battle are important and easier to measure, other intangible benefits are more valuable. For instance, an amicable divorce can also be less emotionally taxing for both parties. There is research to suggest that going through a divorce can have negative effects on work performance. A study published in the Journal of Occupational and Organizational Psychology in 2001 found that individuals who were going through a divorce reported lower job satisfaction and higher levels of absenteeism compared to those who were not going through a divorce. Stress and emotional turmoil resulting from a divorce can lead to difficulty concentrating, decreased productivity, and decreased job satisfaction. This can be especially true if the divorce is contentious and involves a long, drawn-out legal battle. By avoiding a contentious court battle, both parties can maintain a level of respect and dignity throughout the process. This can help to minimize the emotional toll of the divorce and make it easier for both parties to move on with their lives.
Overall, an amicable divorce can be a much more favorable outcome for both parties in Florida divorce. By communicating openly and honestly, understanding the laws and procedures related to divorce, and seeking the advice of an experienced Florida divorce attorney, couples can navigate the divorce process more smoothly to rebuild their lives more quickly.
Do you wonder if you qualify for an amicable divorce in Florida? At The Law Office of Ana C. Augusto, we can help you get started with your amicable divorce so you can start planning your next best life! Call us now at 305-507-7655.