If you and your spouse want to get divorced in the state of Florida, you have the option of drafting and signing a marital settlement agreement, which is also known as an MSA. Creating a marital settlement agreement allows you to finalize your divorce in a less adversarial way. You can create your own marital settlement agreement if you are able to talk it out. You can use that document to file for an uncontested divorce. Unlike many states, Florida actually requires divorcing couples to attempt mediation. While not all mediation proceedings are successful, they can save couples a significant amount of time, money, and stress, so making a real attempt to settle your differences is encouraged. Going to mediation does not mean, however, that you won’t need a legal representative on your side.
When You Cannot Reach An Agreement, Work With A Professional Divorce Mediator
The goal of divorce mediation is coming to an agreement, not winning a case. In mediation, a neutral third party – the mediator – helps participants negotiate a voluntary agreement. The mediator’s goal is to guide couples to rational – rather than emotional – decisions. The mediator will listen to your disagreements and make you aware of a possible solution. They will walk you through the process of making compromises. Marital settlement agreements are written contracts between divorcing spouses regarding their responsibilities and rights after divorce. Once formed, both parties are legally bound to them.
If Mediation Doesn’t Resolve The Issue, You Can Hire A Lawyer
You and your spouse will both hire a lawyer, and your lawyer will then advocate for your best interest. The lawyer will take the marital settlement agreement into a process called arbitration. Divorce arbitration is a type of divorce trial, but instead of couples resolving their dispute in a public courtroom, their case is heard in a private setting before an arbitrator. The arbitration will stop when both you and your spouse agree to a settlement. Depending on the level of disagreement, the number of assets that must be divided, and if custody of children is involved, arbitration can take several months. The lawyers will supply a settlement agreement that functions as a contract; this document is then filed with the court.
If Mediation And Arbitration Are Unsuccessful, You File For A Contested Divorce
When facing a contested divorce, you need a trusted law firm that provides aggressive representation and can ease the burdens during this challenging and sensitive time. A divorce trial– also known as a final hearing– in Florida is heard by a judge, who will ultimately decide all unresolved matters in the case. The Family Court judge will review the testimony and evidence that is presented by both sides. The judge decides how your marital settlement agreement will look. A contested divorce is a very stressful and extremely expensive process. You and your spouse should try to agree and avoid this situation.
Once The Marital Settlement Agreement Is Reviewed And Approved By A Judge, You Will Be Granted A Divorce Decree
The divorce decree is a document that states that you are officially divorced in the eyes of the law. The judge will clarify any issues and make sure each party understands and voluntarily agrees to the agreement. If the judge approves the settlement agreement, the court will enter the terms of the agreement into the divorce decree. The marital settlement agreement contains provisions you both must abide by, you should begin the process of complying. The child custody agreement affects the children’s lives with a new structure, routine, and stability that needs to be followed as soon as possible.
Can A Marital Settlement Agreement Be Changed?
When certain circumstances significantly change, you can file a petition to modify the terms of your divorce decree. Although it may seem like the terms of your divorce decree are final forever, a judge can modify them at any time if they believe there is substantial cause to do so. If a parent gets laid off from their job or has to move far away for work, their ability to provide for their children may change. The court wants to know about the situation and will work with you to make any modifications necessary to assure the continued well-being of the child. The court will not change any property settlements.
Try not to make your divorce harder than it needs to be. Reduce time, cost, and conflict by agreeing upon your marital settlement agreement. Just remember that compromise is often the best solution for divorce.
Contact (954-451-0050) Akilah Harris, PLLC for a Consultation!
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