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:
- 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.
- 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:
- 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.
- 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.
- 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 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.