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The Law Firm of Anthony Diaz

The Law Firm of Anthony Diaz

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Anthony Diaz

How Is a Gray Divorce Different?

May 5, 2025 By Anthony Diaz

In recent years, “gray divorce” has become a term of growing relevance, referring to the increasing number of divorces of people aged 50 and over. While divorce at any age has emotional and financial challenges, gray divorce presents unique circumstances that make it different from divorces that occur earlier in life. Let’s look at those differences:

The Later Stage of Life

Gray Divorce

One of the most notable differences is the age and stage of life of those involved. Gray divorces often involve couples who have been married for 20, 30, or even more years. The children are typically grown and out of the house, so there are no custody battles, but this does not mean the process is any less complicated—especially when adult children begin to take sides, unintentionally creating rifts that ripple through generations.

Financial Complexity

Another defining factor is financial complexity. By the time a couple reaches their 50s or 60s, they have usually accumulated significant assets—retirement accounts, pensions, real estate, and investments. Splitting these assets can be a daunting task, especially if you are both nearing or already in retirement. Living separately on a fixed income can also have an impact on each person’s standard of living.

Healthcare Concerns

Healthcare concerns often play a larger role in gray divorce. In some cases, couples have remained legally married just to share health insurance benefits. The loss of that safety net can be life-altering, especially if one party has ongoing medical needs.

Emotional Dynamics

Emotional dynamics in a gray divorce also differ. There is often a deep sense of grief tied not just to the relationship ending, but to the loss of a shared history and dreams built over decades. The older population is often more in need of emotional and logistical support yet divorce at this stage can leave you more isolated—without the partner you’ve leaned on for years and without daily interaction with your adult children.

Moreover, there is often a strong desire for privacy and peace. Many people going through a gray divorce prefer to avoid the courtroom drama that can accompany traditional divorce litigation. Instead, Mediation or Collaborative Divorce options are becoming more popular, offering a more respectful, confidential, and less adversarial path forward. These alternatives not only reduce stress but also help preserve important family relationships, especially with children and grandchildren.

Ultimately, while all divorces carry emotional and practical challenges, gray divorce comes with a unique set of concerns shaped by age, assets, health, and long-standing family dynamics. As people live longer and choose not to settle for unfulfilling relationships, the rise in gray divorce reflects a shift in priorities—seeking personal happiness and dignity at every stage of life.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave. # 124, Winter Park, FL 32792, and 3270 Suntree Blvd., Suite 103G,  Melbourne, FL 32940.

You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com.

Filed Under: Collaborative Divorce Tagged With: Gray Divorce

Anthony Diaz Joins IACP Board Of Directors

May 1, 2025 By Anthony Diaz

Anthony Diaz has been chosen to serve on the board of directors for the International Academy of Collaborative Professionals (IACP).

Anthony J. Diaz

MIAMI, FL, UNITED STATES, April 30, 2025 /EINPresswire.com/ — Anthony Diaz has been chosen to serve on the board of directors for the International Academy of Collaborative Professionals (IACP). IACP is a global non-profit of legal, mental health, and financial professionals working to resolve conflicts outside of the courtroom. IACP does this through uniting a network of global professionals dedicated to Collaborative Practice and no-court, peaceful solutions. 

“I’ve always seen myself as a peacemaker, so joining the board at IACP feels like a natural extension of my purpose,” said Diaz. “I’m excited to be able to serve this global community that shares a deep commitment to resolving conflict with empathy, respect, and collaboration.”

Anthony Diaz is a Florida family law attorney. He is a member of the Florida Academy of Collaborative Professionals and the Central Florida Collaborative Family Law practice group. He is dedicated in his work to promoting diversity, equity, and inclusion while also helping his clients with complex family law issues by using collaborative practices to reach agreements.  

Mr. Diaz is also a member of the Brevard Collaborative Group and serves on the Board of the Collaborative Family Law Institute in Miami, FL.

With members in 42 states and 24 countries, IACP is working to transform the way families resolve conflict by building a global community of Collaborative Practice. Visit https://www.collaborativepractice.com/ to learn more about IACP.

Anthony Diaz was born in Miami, Florida and served as an Assistant State Attorney for the Ninth Judicial Circuit of Florida, before opening his own law firm. He earned his degree at Stetson University College of Law. Learn more about Diaz and the services he offers at https://anthonydiazlaw.com/.

Filed Under: In The News

Uncontested Divorce Made Simple: A Guide to Hassle-Free Separation

April 7, 2025 By Anthony Diaz

Divorce, we think, is always about fighting. Whether because of what friends have told us, or because of what we see on the news or the media, nobody can quite believe that there are some divorces that do not involve a lot of fighting—these are what we call uncontested divorces.

What is an Uncontested Divorce?

Divorce

The word uncontested divorce is a bit misleading. Uncontested divorce does not mean that you and your spouse initially agree on everything or that there are no disputes between the parties. Rather, an uncontested divorce is a divorce proceeding where, by the time it is filed in the court, the parties have already negotiated, worked out, or agreed upon the contentious or contested issues in the divorce.

Working Out the Issues

How do the issues get resolved before the divorce is even filed? Often, the issues have been worked out as a result of negotiation between the parties, and perhaps, attendance at alternative dispute resolution—specifically, mediation.

In some cases, the parties can work out the issues between themselves. They know what they want, they know what they can tolerate, they do not want to fight, and they have worked out a give and take between them that resolves all the contested issues in the divorce.

Sometimes, the parties cannot do it amongst themselves. Sometimes, they need the help of a neutral, usually a qualified and trained family law mediator, who will help the parties come to an agreement on the more contested issues in the upcoming divorce.

Although it is common to file a divorce case, and then have the court send both spouses to mediation to try to resolve the matters in the divorce case, many people do not realize that you don’t need an actual, pending, filed divorce case in order to go to mediation. Parties can opt to go to mediation at any time, and often, they voluntarily select a mediator and go to mediation before the divorce case is even filed.

Filing the Uncontested Divorce

In either scenario, if the issues between the parties have been agreed upon, all that needs to be done is to memorialize the agreement between the parties in writing and file the divorce with the court.

In addition to filing the settlement agreement, you will have to attend a parenting course (often available virtually), and work out a parenting plan with your spouse. All of these are then filed with the court.

The divorce at that point will be filed as uncontested, and in the case, all the judge really has to do is review the agreements between the parties, including state required paperwork, such as time-sharing or child support guidelines if there are minor children of the marriage, and then the judge can grant the divorce.

Depending on the court, you may have to attend this final hearing in person, but in other cases, you may be able to appear virtually (online). Either way, because you have already agreed on all the issues, the hearing is only about 5 to 7 minutes, which your family law attorney will prepare you for.

It doesn’t matter how much property, money, or assets you have. Uncontested (and simplified) divorces are available to everyone, and have the same benefits, whether you have large and complex assets and estates to be divided, and a long-term divorce where spousal support may be an issue, or whether you have nominal assets and a shorter-term marriage.

Simplified and Uncontested

Note that you may also see the term “simplified dissolution of marriage.” This means the same thing as an uncontested dissolution of marriage, except simplified dissolution is where there are no minor children and where there will be no spousal support requested in the divorce.  If you agree on property division, you may not even have to fill out a financial affidavit in a simplified divorce.

Why Uncontested?

Uncontested divorce has a number of benefits to both spouses and the children of the marriage.

The main one is peace of mind; you have avoided months (or more) of costly, contentious fighting between you and your spouse.

You also will have your final judgment of divorce entered, much faster—in some cases as quickly as 60 to 90 days from the date that you file, thus allowing you to move on with your life. The lack of a drawn-out, harrowing, emotional, and hostile contested divorce also has benefits for any minor children, who are not subject to the kind of hostility that kids often are exposed to when a divorce is hotly contested.

There are other benefits to an uncontested divorce as well. That includes cost. Yes, an attorney should be retained to help you work out and negotiate your settlement agreement and parenting plan and to assist you in filing the divorce, but your attorney’s fees, costs, and expenses are far, far less than they would be in a drawn-out, hotly contested divorce case.

Another benefit is control. With an uncontested divorce, you have already agreed and negotiated the issues in the divorce between yourself and your spouse. You have taken these issues out of the hands of a judge to decide. You can make decisions that work for you and your children, and agree or disagree with what you want to, without having a judge tell you what is best for you or your children.

When is Uncontested Divorce Not a Good Idea?

If you agree on some, but not all issues, you cannot get an uncontested divorce, because there are remaining issues that a court must decide (at least, until and unless you can resolve those issues as well).

That does not mean it is worthless to resolve whatever you can before you file for divorce—you can agree to certain parts of a divorce, and then leave other parts open to be decided by the court, in divorce litigation. Agreeing on some issues will still make the process cheaper and quicker than if you agreed on no issues at all.

There are some scenarios where an uncontested divorce may not be a good option. In situations where there may be a history of violence between the parties, or where there is pressure or coercion between spouses, whereby a spouse does not feel he or she has an equal bargaining opportunity, an uncontested divorce may not be the best option.

Divorce does not always have to be about fighting. Contact us to see if an uncontested divorce is right for you.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124,
Winter Park, FL 32792
and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.

You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com.

And if you found this article helpful, please leave us a review HERE.

Filed Under: Divorce Tagged With: Divorce, uncontested divorce

How Collaborative Divorce Protects Families and Assets During Separation

March 14, 2025 By Anthony Diaz

There is an interesting contradiction when it comes to divorce, especially if you are the one thinking of filing the divorce. On the one hand, you may want out, and you know that you are making this decision for the best. You look forward to a day when you can start over, and build a new life, with your children.

But on the other hand, nobody wants to actually file for divorce. The cost, heartache, arguing, and stress, all can keep people who know that divorce is the right option, from actually filing for divorce.

How Collaborative Divorce Helps

Separation

Enter collaborative divorce, a way to protect your family, preserve assets, and help you fast forward to that new beginning you were thinking about.

Collaborative divorce is a legal, actual divorce like any other. What is different, however, is that while the parties may personally harbor difficult feelings or even hostility toward each other, those feelings don’t draw out the divorce or make it “messy” or contentious.

That’s because as the name implies, collaborative divorce is about collaborating—both parties working together, to iron out the differences in the divorce case, outside of court. If and when all the issues are resolved, then the case is brought before a judge, to finalize the divorce.

Getting an Attorney

Like any other divorce, you will have and retain your own attorney, as will your spouse. But while your attorneys are there to represent you and fight for your rights in the divorce, they are also there to work with the other spouse and try to get them to the bargaining table to work on the issues in the divorce.

How do you know that the attorneys will not just throw the whole collaborative thing out, and revert to cutthroat, contentious divorce tactics? It is because only attorneys trained in collaborative divorce can handle these kinds of cases, and the attorneys are not only trained to advocate for the clients, but also, to ascertain the motives, needs, and desires of both sides, to fashion a workable solution to the problems in the divorce.

Creative Solutions

One major way that collaborative divorce can protect your assets is that, like bargaining for anything, you can engage in a give-and-take and work out creative solutions to the issues in the divorce.

The problem with going to court is that a family law judge’s hands are tied. He or she can only award to either spouse what the laws say that the judge can award. The judge cannot “think outside the box,” or come up with ideas that may work for the parties. But in a collaborative divorce, so long as both sides agree, you can work out whatever solution you want.

Let’s imagine that you have a business, and your (soon to be ex) wife owns stock in your business. You no longer want her to own those stocks, but you don’t have the money to buy them back. You could negotiate to pay more alimony, or to give her an extra asset, or to make payments to her over time, in return for the stock.

Let’s say that the kids really enjoy their music lessons, and you want to ensure they keep taking them. Your ex doesn’t agree. You could agree to give your ex something—more time with the kids every now and then, or a slight reduction in support—in return for your spouse’s agreement to pay for the music lessons.

These are just simple examples of how you and your spouse can devise creative solutions to real-world problems in a collaborative divorce.

These would be hard problems to work out in a normal, contested, divorce case, because the judge doesn’t have the legal ability to work these kinds of solutions out—not to mention, in the course of a hotly contested divorce cases, neither party is often in the frame of mind to hammer out creative solutions that work for both parties.

Using Experts to Make Good Decisions

Wouldn’t it be great if you had financial professionals and mental health counselors and investment professionals, all there to advise you as to the decisions you are making in your divorce? In collaborative divorce, you can have that. And because your expert is not fighting with the other side’s expert, as they would be doing in a contested divorce case, there is less expense, and more certainly, as the experts are working for both of you, advising you as to the consequences of the decisions you are making in your divorce.

A Lasting Peace

Another benefit, which can have an even longer lasting effect, is the fact that because of the nature of a collaborative divorce, when it is over and the issues are agreed upon and the divorce entered, the parties have not spent months (or more) at each other’s throats.

That means that there is no long-lasting contentiousness, hostility, or anger that there often is at the conclusion of a full-blown contested divorce that ends in a divorce trial.

This can have an enormous benefit on you, mentally, but also in your and your spouse’s ability to co-parent the children, post-divorce.

Your Time Frame

Although you can work at your own pace in a collaborative divorce, the good thing is that you can take matters as fast or as slow as you want. Is there a difficult issue that it may take time to resolve? No problem—the parties can spend as much time as they need, working with the other side, to work that issue out.

Want to get it done as quickly as you can? You can do that as well—because you are not arguing and not in court, there is no waiting on a judge’s calendar to open up so your lawyer can get a hearing in court.

All of this ensures that the assets and property in your divorce case, are divided fairly, that your voice and position are being heard, and that the kids’ needs will be met, post-divorce.

Certainly, there are times and situations where things cannot resolve amicably. But if there is even a glimmer of a chance of collaboration and teamwork between you and your spouse, collaborative divorce may be the way to get that divorce finalized in a way that works for both of you—and which protects your children, and your assets.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124,
Winter Park, FL 32792
and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.

You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com

And if you found this article helpful, please leave us a review HERE.

Filed Under: Collaborative Divorce Tagged With: Assets, Separation

What is a Pro Se Mediation?

March 12, 2025 By Anthony Diaz

In a divorce case, you can have the option to represent yourself without hiring an attorney. This is known as proceeding in the case “pro se.” The term “pro se” is derived from Latin and translated means “for oneself.” Those who choose this path either cannot afford an attorney, prefer to handle their legal matter independently, or believe that they can reach a resolution without legal representation.

Pro se mediation specifically refers to a mediation process in which both parties agree to work with a neutral third-party mediator rather than hiring attorneys. The mediator facilitates discussions, helps identify common ground, and will guide you toward a mutually acceptable resolution. However, it is important to know that the mediator does not provide legal advice or advocate for either party.

The Role of the Mediator

Pro Se Mediation

Unlike attorneys who represent clients and provide legal counsel, the mediator serves as a neutral facilitator in pro se mediation.Their primary role is to assist you and your spouse in reaching an agreement while ensuring that the process remains fair and balanced. An important aspect of the mediator’s job is to be impartial, especially since there are no attorneys present to offer legal guidance.

One key challenge in pro se mediation is that parties may seek advice from the mediator, asking questions like, “What do you think we should do?” or “Is this a fair agreement?” However, the mediator must refrain from giving legal advice. Instead, they encourage both parties to evaluate their options and make informed decisions. If either you or your spouse has concerns about the fairness of the agreement, the mediator may suggest that you should consult with an attorney before signing any documents.

Costs and Benefits of Pro Se Mediation

While pro se mediation eliminates attorney fees, it is not a completely cost-free process. Mediators charge for their time, whether it is for conducting sessions or preparing necessary legal documents.You may find this approach to be more cost-effective than traditional litigation, as it allows you to resolve disputes without incurring the expense of two separate attorneys.

Another benefit is that pro se mediation tends to be a less adversarial and more of a cooperative process. Since you have chosen to mediate without attorneys, there is often more willingness to collaborate and find mutually beneficial solutions. This can lead to a faster resolution and a more amicable post-mediation relationship, which is particularly important if you have children.

The Mediation Process

The number of mediation sessions required varies depending on the complexity of the case and the level of cooperation between you and your spouse. Some disputes can be resolved in a single session, while others may require multiple meetings. Generally, when you communicate effectively and maintain a level of civility, fewer sessions are needed. However, if emotions run high and tensions escalate, additional sessions may be necessary to reach an agreement.

It is important to note that even after a resolution is reached, the agreement is not legally binding until you both sign it. To ensure fairness and confidence in the outcome, a mediator often recommends that you both consult with an attorney before finalizing the agreement. This step helps alleviate any lingering doubts and reinforces the voluntary nature of the settlement.

Conclusion

Pro se mediation provides a viable alternative if you are seeking to resolve family law matters without the expense of attorneys. While mediators play a role in facilitating negotiations, they will not provide legal advice, leaving it up to you to determine the best course of action. By fostering communication and cooperation, pro se mediation is a cost-effective, efficient, and less contentious approach to dispute resolution.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124,
Winter Park, FL 32792
and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.

You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com

If you find this article helpful, please leave us a review HERE.

Filed Under: Divorce Tagged With: Mediation

Florida Attorney Anthony Diaz Featured On The Respectful Divorce Podcast

February 27, 2025 By Anthony Diaz

Florida Collaborative Divorce Attorney Anthony Diaz was recently a guest on The Respectful Divorce podcast discussing the no-court Collaborative Divorce process and the Divorce With Respect Week® initiative. The Respectful Divorce Podcast is hosted by Tim Crouch and highlights divorce professionals discussing the different options people have for divorce.

“I went through my own divorce a number of years ago,” said Diaz. “Even though I was an attorney and did family law, I imagined how difficult it must be for people who don’t know the law going through such an emotional experience. It’s become a passion and a calling of mine to be able to help people move through the process more easily and to have a peaceful outcome.”

Divorce With Respect Week® is March 3-9, 2025, and is a nationwide effort to educate divorcing couples about peaceful options for divorce like the Collaborative Divorce process.

“Being an out of court process Collaborative Divorce is different from a traditional litigation case which goes to court and ultimately the judge makes the decisions,” said Diaz. “The collaborative  process is out of court in which both spouses agree to resolve their case without battling in court.”

Anthony Diaz was born in Miami, Florida and was an Assistant State Attorney for the Ninth Judicial Circuit of Florida before opening his private practice. Diaz earned his degree at Stetson University College of Law. Learn more about Diaz and the family law services he offers at https://anthonydiazlaw.com/.

To listen to this episode of The Respectful Divorce Podcast, go to https://soundcloud.com/user-213395964/anthony-diaz-divorce-with-respect-week-2025. 
During Divorce With Respect Week® Collaborative Divorce professionals in Florida and across the nation are offering free 30 minute consultations.

Anyone interested in speaking with a divorce attorney, divorce financial professional, divorce coach or mental health professional should go to www.divorcewithrespectweek.com to find a professional near them.

His offices are located at 2431 Aloma Ave. #124, Winter Park, FL. 32792 and 3270 Suntree Blvd. Suite 103G, Melbourne, FL. 32920.

You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com

And if you found this article helpful, please leave us a review HERE.

Filed Under: Collaborative Divorce Tagged With: Collaborative Divorce Process

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