5 Practical Considerations for Resolving Disputes During the Divorce Process

Disputes during the divorce process are exceedingly common—even when spouses are largely on the same page about bringing their marriage to an end. When a dispute arises, an informed and forward-thinking approach is critical for preventing the dispute from devolving into a conflict that could ultimately lead to litigation. If you have a Miami civil attorney representing you in your divorce, your attorney will play an important role in this process.

Contrary to popular belief, hiring an attorney does not increase the likelihood that your divorce will end up in court. If your goal is to resolve your divorce amicably and out of the public eye, your attorney will focus on facilitating a fair settlement agreement that allows you and your spouse to move on with your respective lives. In fact, hiring an attorney early in the process can help you avoid litigation, as your attorney will be able to both help you strategize to avoid disputes and proactively resolve disputes when they arise.  

Tips for Resolving Disputes During Your Divorce Without Going to Court

Are you preparing to go through a divorce in Florida? If so, here are five tips for resolving disputes during your divorce without going to court:

1. Make Sure You Both Stay Focused on Your Shared End Goal

In the vast majority of circumstances, both spouses in a divorce have the same fundamental goal: They want to bring their marriage to an end as quickly and cost-effectively as possible. Keeping this in mind—and keeping it front and center—can prevent many disputes from escalating.

If you and your spouse can both stay focused on achieving the ultimate outcome that you both want to achieve, this can help prevent comparatively small issues from getting in the way of the bigger picture. Similarly, if you appear to be approaching an impasse, stepping back and resetting with your shared end goal in mind may provide the perspective needed to find a way to come to terms.

2. Focus on (and Prioritize) Other Areas Where Your Goals and Interests Align

As you work your way through the divorce process, there will be lots of issues that you (and your spouse) need to address. If you know that you are in agreement on some issues but not others, focusing on your areas of agreement first can help set the stage for an amicable approach to addressing the areas where your goals and interests differ.

Focusing on your areas of agreement first can have two key benefits: (i) it can build rapport and trust for addressing the more challenging issues to come; and (ii) it can build momentum that neither you nor your spouse wants to give up. If there is light at the end of the tunnel, this can be a powerful motivator for finding a mutually agreeable path forward.

3. Take a Structured Approach that Facilitates and Encourages Progress

While resolving a divorce out of court is largely an informal process, adding structure to the process can help facilitate and encourage progress toward an amicable resolution. Some examples of ways you can add structure to the process include:

• Scheduling regular negotiation sessions where you and your spouse will meet (with your respective attorneys by your side);
• Specifying the topics that you and your spouse will discuss during each negotiation session;
• Assigning “homework” that you and your spouse will both do in advance, so you are prepared for each negotiation session;
• Having a plan for what you will do if your negotiations become contentious, and,
• Agreeing that you will step away from negotiation sessions if they become counterproductive and continue your negotiations at a later time.

If you and your spouse have the same understanding and expectations regarding the process of your divorce, this will allow you to focus on the substantive issues you need to resolve. By agreeing that you won’t allow disagreements to devolve into conflicts, you can help ensure that you will both come back to the negotiating table once calmer nerves have prevailed.

4. Avoid Letting Flawed Assumptions and Misunderstandings Lead to Conflicts

Far too often, divorcing spouses get into disagreements because one or both of them is making flawed assumptions or has a misunderstanding of the law or the circumstances at hand. This is another area where an experienced Miami civil attorney can help keep things on track. By relying on an attorney’s advice instead of making assumptions or relying on information you found online (which may or may not be accurate under Florida law), you can ensure that you are making sound decisions about how to approach each of the issues involved in your divorce.

5. Use Divorce Mediation or the Collaborative Divorce Process as Necessary

If you and your spouse are in disagreement on a particular issue (or on multiple issues) and you are struggling to come to terms despite your best efforts, this may be where you want to consider mediation or the collaborative divorce process.

Mediation involves working with a neutral third party (the mediator) whose job is to help you and your spouse find a path forward. The collaborative divorce process involves engaging financial advisors, family planners and other specialists as necessary to provide additional insight that you and your spouse can both use to inform your decision-making. Mediation and the collaborative divorce process can both be extremely helpful in a variety of different scenarios, and oftentimes, a blended approach will be what is needed to facilitate an amicable and cost-effective resolution.

Schedule an Initial Divorce Consultation with a Miami Civil Attorney at Gonzalez Law Offices, P.A.

If you are preparing to go through a divorce in South Florida and would like to know more about how you can prepare to successfully navigate disputes along the way, we encourage you to contact us for more information. To schedule a confidential initial divorce consultation with an experienced Miami civil attorney at Gonzalez Law Offices, P.A., please call 305-676-6677 or tell us how we can help online today.