A divorce is a painful and difficult experience. If you understand the functions and limitations of the legal system, the process becomes more tolerable.
Florida’s divorce system is based on the principle of “no-fault,” meaning that a divorce will be granted if either party believes that the marriage is over. Generally, the causes of the failure of the marriage are not an issue in court. All that matters is that the marriage needs to be ended.
It is impossible for any court to heal the emotional wounds created by your divorce. You must understand that the legal system is not a tool for punishment of your spouse. The courtroom is no place for revenge. The court must decide your case based on its unique facts. In most cases, the law does not permit the court to compensate either of you for the other’s misconduct.
The best divorce is a quick divorce and the fastest way to conclude your case is to settle it outside of court. There are many ways to settle your case i.e. negotiation, mediation and the collaborative approach. In most cases, negotiations toward settlement can be more productive and far less expensive than a trial.
If negotiations fail and you must try your case, the court will make rulings that will permanently affect you and your children. The court’s rulings must be made exclusively upon the limited evidence that is presented in court, and nothing else. Because the court is restricted in what the court can and cannot do, a settlement can offer a wider range of options.
Every divorce is different. Your results may be very different from your neighbor’s, friend’s, or relative’s. You cannot rely upon what happened in their cases and assume that your results will be the same. Cases that seem similar may, in fact, be very different and will be treated differently under the law. For this reason, you should look to your lawyer for your legal advice and information. Your friends and relatives usually do not have a grasp of the law and your case, and accepting their advice may hinder you in the long run.
If you have questions regarding divorce and what you can expect, call us- we’re here to help.