When Does (and Doesn’t) It Make Sense to Take Your Divorce to Court?

When going through a divorce, it is not unusual to have disagreements during the process. Even if you and your spouse are both ready to bring your marriage to an end, you may have very different visions for the future—whether you currently realize it or not. When you run into disagreements, making informed decisions about how to approach them is critical. Learn more from an experienced Miami civil attorney at Gonzalez Law Offices, P.A.

5 Key Considerations for Resolving Disagreements During the Divorce Process

It is common for spouses to experience disagreements during divorce. From dividing their marital assets to dividing the time they will spend with their children, divorcing spouses will frequently have conflicting goals and priorities when it comes to many (if not most) aspects of the process.

With this in mind, when preparing for divorce, it is important to anticipate disagreements.

As a divorcing spouse, you need to be willing to compromise, but you also need to be willing to stand up for your wants and needs. A divorce is a two-way street, and both spouses are entitled to a fair outcome. Even if you are conflict-averse (as many divorcing spouses are), it is important that you are prepared to take a stand when warranted. Your financial future may depend on it, and your future self will be glad that you stood up for yourself during the divorce process.

When disputes arise, both spouses should make informed decisions focused on the future. This involves answering key questions such as:

1. What Are Both Spouses’ Legal Rights in this Particular Scenario?

Making informed decisions starts with ensuring you have a clear understanding of your and your spouse’s legal rights in the specific situation. For example, if you disagree over who should keep a particular piece of property, you will need to ensure that the asset in question is subject to division in your divorce (and is not one spouse’s “separate property” they are entitled to keep). If the asset is subject to division, you will also need to assess how it fits into the overall distribution of your marital estate, and your decisions regarding alimony (if any) can come into play here as well.

Likewise, if you disagree about your post-divorce parenting plan, you will need to assess whether each spouse’s proposal adheres to Florida’s “best interests” factors. If either spouse’s proposal does not adhere to Florida’s “best interests” factors, then bringing this to light should help keep your discussions moving the ball forward.  

2. Is a Compromise Warranted Under the Circumstances at Hand?

Once you know your legal rights, you can assess whether a compromise is warranted. If your spouse is seeking an outcome that is unfair, you should not be willing to settle for less than you deserve. On the other hand, if you and your spouse have both staked out reasonable positions that are supported by Florida law, this is a scenario in which both spouses should generally be willing to compromise in order to arrive at a mutually agreeable resolution.

3. What Compromise Are You Willing to Accept (and Should You Be Willing to Accept)?

If a compromise is warranted in the circumstances, you need to decide what you are willing to accept. When negotiating contentious aspects of your divorce, it is critical to take a strategic approach with a specific end goal in mind. Your Miami civil attorney should be able to help you carefully weigh your options and target a resolution that is both fair and achievable.

Of course, there are no guarantees that your spouse will be willing to agree—and this warrants consideration when deciding how to approach disagreements during your divorce. By focusing not only on your priorities but on your spouse’s priorities as well, you and your attorney can formulate an approach that will help facilitate reasonable and good-faith negotiations focused on the future.

4. Is It Worth Considering Options Such as Mediation or Collaborative Law?

Although divorcing spouses will frequently be able to come to terms on their own, they will need help in some cases. While going to court is an option, it isn’t necessarily the only—or best—option available.

Before going to court, it will often make sense for divorcing spouses to pursue means of dispute resolution that allow them to maintain control over the outcome. In the divorce context, there are two main options available:

• Mediation – Divorce mediation involves working with a neutral third-party (the mediator) whose role is to help facilitate open and good-faith negotiations. While the mediator will offer suggestions for reaching a mutually agreeable compromise, the mediator does not render a decision on the spouses’ behalf.
• Collaborative Law – Collaborative law involves working with financial advisors, social workers, and other outside professionals to gain additional perspective on the spouses’ dispute. While this approach doesn’t make sense in all cases, when it does make sense, it is often highly effective.

5. Is It Worth Taking Your Dispute to Court?

So, given everything we’ve discussed, when does it make sense to take your divorce to court? For most divorcing couples, this is truly a means of last resort. While going to court ensures that you will have a final outcome, this outcome is inherently uncertain, and the time and costs involved will often outweigh the time and costs involved in pursuing the alternatives that are available.

With that said, going to court will make sense in some cases. If you and your spouse are truly at an impasse, then going to court might be the next step. Here, too, an experienced Miami civil attorney can help you make informed decisions, and, regardless of what makes the most sense under the circumstances at hand, your attorney can help protect your interests throughout the process.

Discuss Your Divorce with an Experienced Miami Civil Attorney in Confidence

If you would like to discuss your divorce with an experienced Miami civil attorney at Gonzalez Law Offices, P.A., we invite you to get in touch. Please call 305-676-6677 or contact us online to arrange a confidential initial consultation.