How to Have a Civil Divorce

When people think of divorce, it often conjures images of high conflict, emotional battles, and contentious court proceedings. However, there are options that can reduce the conflict and that allows for mutual respect thus making the divorce far more “civil”.

What is a “Civil Divorce”?

A civil divorce is characterized by an amicable and low-conflict separation process. It begins with a willingness for you and your spouse to end your marriage respectfully and cooperatively. Unlike the common perceptions of divorce as hostile and adversarial, a civil divorce works to keep the emotions in check and to reach mutual agreements outside of court.

While the emotions surrounding any divorce are intense, maintaining a civil approach requires a shift in your mindset. It involves that you both commit to a resolution that avoids court altogether. Although some divorces that are civil in nature can reach a judge, the essence of the divorce lies in cooperation and finding common ground.

Options for how to have a Civil Divorce

Achieving a divorce that is civil hinges on choosing the right process. Here are two effective methods:

1. Mediation: Mediation involves a neutral third party, often a professional mediator, who facilitates discussions between you and your spouse. The mediator helps you to communicate effectively and reach agreements on various aspects of your divorce, such as asset division, child custody, and support. Mediation is typically low stress, stays out of court, and focuses on collaboration rather than confrontation. Mediation works best when you are both committed to remaining civil towards one another and working towards a mutually beneficial outcome.
2. Collaborative Divorce: Collaborative Divorce is an out-of-court process that involves a team of professionals, including collaboratively trained attorneys, mental health professionals, and financial experts. In the beginning, you both agree that you will not go to court and work together with the team to resolve the issues. The collaborative process includes structured procedures and support systems to keep emotions in check and focused on a fair resolution. This method is particularly beneficial for couples who want to maintain a respectful relationship post-divorce, especially if you have children.

Why Strive for a Civil Divorce?

There are several compelling reasons to aim for a civil divorce:

1. Impact on Children: When you have children, a civil divorce will reduce their emotional stress. Seeing their parents handle the separation with respect and cooperation will provide a sense of stability and security. Children are more likely to adjust well when they observe their parents getting along and working together amicably.
2. Rational Decision-Making: High emotions can cloud judgment, especially when it comes to dividing assets and debts. A civil approach to your divorce allows you to think clearly and make rational decisions about financial matters. This helps ensure a fair division of property and reduces the likelihood of prolonged disputes.
3. Emotional Well-being: A civil divorce minimizes the emotional toll on you, your spouse and your children. Through collaboration and mutual respect, you can get through the divorce process with less stress and bitterness, leading to healthier post-divorce relationships.

The fact is a civil divorce is not just a possibility but a choice. When you commit to an amicable approach, utilize Mediation or the Collaborative Divorce process, and focus on mutual respect, you can achieve a low conflict divorce that benefits everyone.

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 Anthony@AnthonyDiazLaw.com or visit www.AnthonyDiazLaw.com.

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