What is an amicable divorce in Orlando, Florida?
Why would you want an amicable dissolution of marriage?
You would want an amicable dissolution of marriage in the Orlando, Florida area because you will spend less money and time than you would spend on expensively litigated Case that will cost you large sums of money for attorney fees and costs. You will also have much less stress if the divorce is amicable. If children are involved, an amicable divorce is much better for the children’s mental health and overall well-being.
An amicable divorce can mean different things to different people. To some people, it could mean doing an uncontested divorce. That would mean that you do an uncontested divorce where you do full financial disclosure. You each file a certificate of compliance with mandatory disclosure including a financial affidavit. To others, it could mean waiving Mandatory Disclosure and just producing financial affidavits. You then negotiate a marital settlement agreement. Then you sign and execute the marital settlement agreement. Then the petitioner’s attorney sends the final judgment to the court to sign the final judgment if your divorce case is in Seminole, Volusia, or Lake counties. And if your divorce case is in Orange County, your attorney and you must go into court for a final hearing on the uncontested dissolution of marriage.
To others, it could mean the above; however, you attend mediation. Then, at mediation, you negotiate, enter into, and sign a mediated marital settlement agreement.
Or, it could mean that you do your case collaboratively. What does that mean? That means that you and your spouse each retain a collaboratively trained attorney. You then enter into a collaborative agreement wherein you agree to do the case collaboratively. Your attorneys will decide on a collaborative team consisting of a mental health neutral and a financial neutral. Instead of going to court, you have collaborative meetings to resolve your case.
The financial neutral gather all the financial information from the parties required in mandatory disclosure He then meets with each party and his/her attorney to discuss the financial information. The financial neutral then prepares an equitable distribution chart. If there is alimony involved that is also discussed with the financial neutral and at the collaborative meetings. If there is child support, the financial neutral also assists the parties and their respective attorneys with the child support calculations.
If children are involved, the mental health neutral helps you craft a parenting plan. The mental health neutral also helps focus the collaborative meeting on moving forward positively. They encourage you not to dwell on the past. Once parties resolve the case, the petitioner’s attorney files the petition for dissolution of marriage; along with the financial affidavits, collaborative settlement agreement and accompanying pleadings with the court. The parties then approve a final judgment of dissolution of marriage and that is sent to the court if your case is in Seminole, Volusia, and Lake counties. If you live in Orange County, you must go before the judge for a final hearing on a dissolution of marriage.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney-client privilege.