One of the most pressing concerns for anyone going through a divorce is whether they can control their future or if it is left in the hands of someone else—like a judge. The answer largely depends on the approach you take during the divorce process. Understanding the different options for how you divorce can help you to make decisions about your future.
Litigation: The Court Decides
When most people think about divorce, they immediately envision a courtroom, where a judge presides over the case and ultimately makes all the decisions for you and your spouse. This divorce process is known as litigation. While litigation is a common divorce method, it is also the one where you have the least control over the outcome.
In litigation, you and your spouse present your cases, and a judge makes the final decisions on issues like property division, child custody and spousal support. Although you may have opportunities to settle the case before it reaches the judge, once it does, you relinquish control. The judge, who does not know the intricacies of your life, will decide the outcome based on the law and the evidence presented. This can lead to decisions that neither party is entirely happy with, leaving your future in the hands of the court.
Mediation: A Middle Ground
Mediation offers a more collaborative approach compared to litigation. In mediation, you and your spouse work with a neutral third party—the mediator—to reach an agreement on various aspects of your divorce. The key advantage of mediation is that it allows you both to have a say in the final outcome.
However, mediation does not come with a binding agreement to stay out of court. If you and your spouse cannot reach an agreement during mediation, the next step could be litigation, putting your future back in the hands of a judge. While the mediation route offers more control than litigation, it still carries the risk of an unresolved dispute that could end up in court.
Collaborative Divorce: Maximum Control
If you are looking to maintain the most control over your future, a Collaborative Divorce is the best process. In choosing a Collaborative Divorce, you both agree at the outset to settle the divorce outside of court. This agreement is the cornerstone of the process, motivating you both to negotiate and find mutually acceptable solutions.
In the Collaborative Divorce process, you each set your goals, and the negotiations are geared towards trying to meet those goals. Because the process is designed to keep the case out of court, you are more likely to work together constructively. The final decisions are made by you and your spouse, not by a judge, giving you the highest degree of control over your future.
Choosing the Right Path
Ultimately, the control you have over your future in a divorce depends on the process you choose. Litigation offers the least control, where decisions are made by a judge. Mediation allows for more control, but there is still a possibility that unresolved issues could end up in court. Opting for a Collaborative Divorce, on the other hand, gives you the most control, as it is driven by mutual agreement and a commitment to stay out of court.
Understanding these options can empower you to choose the best path for your situation, helping you retain as much control as possible over your future during a divorce.
We invite you to contact the Law Firm of Anthony J. Diaz for further information on your family law needs.
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.
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Anthony Diaz is a Family Law and Collaborative Divorce attorney, mediator, speaker and coach in Orlando. Known as The Peacemaker, his practice specializes in divorce with dignity, mediation, collaboration, uncontested and out-of-court options to help families find peaceful solutions.
With over 20 years of experience, Anthony is passionate about helping his clients resolve conflict, reduce stress and move peacefully through the divorce process without going to court. He has helped thousands of families experience a more positive outcome.
As a Florida Supreme Court Certified Family and Circuit Civil Mediator, a State Qualified Arbitrator, and an esteemed member of the Leadership Academy of the International Academy of Collaborative Professionals, Anthony’s expertise in mediation and conflict resolution makes him uniquely qualified to help couples navigate the emotional and financial challenges of divorce.
He is an active and highly respected professional in the Florida collaborative community. Anthony serves as Co-Chair of the Florida Academy of Collaborative Professionals Outreach Committee and is a Board Member of the International Academy of Collaborative Professionals.
Prior to opening his private practice, Anthony was a CPA and an Assistant State Attorney for the Ninth Judicial Circuit of Florida. He earned his degree at Stetson University College of Law.
Anthony is also a published author, co-authoring Faces Behind the Pages and Creating Relationships and Family with Courage and Compassion. His solo works include:
• Divorce With Dignity – 3 Powerful Steps to Heal and Move Past Your Divorce N.O.W.
• !n-joy Your Relationships! – 7 Pillars to Deepening Your Connections With Passion and Purpose
• Moving Consciously Through Conflict – 5 Meaningful Steps to Mediating Conflict With Compassion
As a coach and an international speaker, his passion, mission and purpose is to help families move on from their divorce with dignity and embrace a more peaceful future.