If you are considering divorce, you are probably full of conflicting emotions and uncertainty about the future.  While these feelings are normal, the sense of dread you feel may be magnified by the “scorched earth” images of divorce common on television and in movies.  The good new is that while some divorces are filled with conflict and animosity, it is probably more common that a divorce is negotiated with a minimum of conflict especially when both sides have attorneys.

Many people assume that the presence of attorneys in a divorce means more conflict when the very opposite is actually the case.  The presence of good divorce attorneys on both sides often leads to fast efficient negotiated “win-win” solutions that leave both spouses happier following a divorce.  If a judge decides the issues in your divorce after a “War of the Roses” scenario, both sides are likely to find the end result less acceptable.  We have provided an overview of some of the reasons that using experienced divorce attorneys will often lead to less conflict and more agreeable solutions.

Realistic Assessments: Many times those without attorneys enter into a divorce with unrealistic expectations.  There is a defined range of possibilities in terms of what a court may decide if asked to rule on a particular issue.  Experienced divorce attorneys who are in court every day often have a very good idea what the court will do based on the particular facts of your case.  This promotes agreement and compromise because neither side is clinging to a position that the court would consider unreasonable.  A couple of examples might include:

• Unrealistic Child Custody: A parent who is a commercial truck driver and away for weeks at a time wants “50-50” custody.  The parent’s solution during long periods of absence is that his girlfriend or mother will watch the children.  If the mother is available during these periods, the court will generally place the child in the care of a parent (the mother) rather than with a caregiver selected by the father.  A father who does not know this and argues for this unrealistic custody arrangement will not only prevent an efficient resolution of custody orders but may be viewed negatively by the court for promoting a custody arrangement that looks like a proposal primarily designed to impact child support arrangements.

• Irrelevant Child Support Considerations: Judges cringe when they hear those who are obligated to pay child support complain that “I cannot pay my bills so you need to lower my child support.”  A Florida court may not consider the amount of bills like your mortgage and car note when determining child support.  The court is forced to look at a very narrow range of expenses except in very extreme situations.  An experienced Florida family law attorney will help you focus on the issues that a judge may consider so that a more acceptable child support order can be established.

Getting Past Emotional Conflict: People getting divorced are usually not thrilled with each other.  Where there are issues involving adultery, abuse or other serious contentious issues, sometimes people without attorneys see red or are unable to put their emotions aside to reach negotiated solutions.  An experienced family law attorney will analyze an issue objectively and help you get around the emotional roadblocks that can prevent a successful negotiated settlement.

Effective Persuasion: Family law attorneys are in court every day so they know what matters to a court, and what is unimportant.  Divorces without attorneys often move at a snails pace because the parties become absorbed by details that are not important to the court.  For example, the fact that a spouse committed adultery may be very important and devastating to you.  You may feel like your spouse “cheated on your family” and that this is highly relevant to child custody orders.  Most times, the court will not see it that way so focusing on this issue will distract from the issues that the court cares most about when considering “the best interest of the child.”  If an experienced family law attorney represents you, the attorney will focus on evidence and factors that the court will consider persuasive.  If you child has been living with you since you separated with your spouse six (6) months ago and is thriving in school, this is the type of information that the court will consider persuasive.

Knowledge of Procedures and Paperwork: Many times parties trying to navigate through the divorce process without attorneys are confused by the paperwork and procedural requirements.  If the paperwork is done incorrectly or the appropriate procedures are not followed, it can lead to long delays and great frustration.  An experienced Florida divorce attorney can help you reach an effective divorce settlement and make sure it conforms to procedural and legal requirements.  An example would be parties attempting to waive child support in a martial settlement agreement, which they have no legal power to do.

The bottom line is that attorneys bring knowledge and experience to a divorce.  As the saying goes, “knowledge is power.”  Our experienced Ft. Lauderdale divorce attorneys can help you circumvent conflict and hostility to reach constructive lasting solutions.

We provide an initial no obligation free Florida divorce consultation.

If you or someone you love is considering filing for divorce in Broward County, or has any other family-law-related needs in the Fort Lauderdale area, our divorce lawyers in Fort Lauderdale may be able to help.  To discuss your needs with us in detail and learn more about what we may be able to do for you, please contact us today by calling 954-580-8080.