When facing a Family Law issue, one of the most common questions people ask is: “Do I have to go to Court?” Whether you are dealing with a Divorce, Child Custody, Child Support matter, or Paternity situation, etc., the answer depends on the specific circumstances. However, the good news is that many Family Law cases can be resolved without a lengthy battle in Court.
At The Marks Law Firm, P.A. – Family Law & Divorce Attorneys, we strive to help our Clients explore all available options to reach efficient and positive resolutions while prioritizing the best interest of any minor children involved.
Did you know, not every Family Law case requires going to Court? While people might assume that filing for Divorce or addressing a Family Law inquiry automatically means spending hours in front of a Judge, there are other options. A significant number of cases are resolved through negotiation and settlement conferences before a final Court Hearing becomes necessary.
In fact, when both parties can reach agreements regarding issues such as property division, Parenting Plans, Timesharing (Child Custody), Alimony, or Child Support, the Court’s involvement may be limited to reviewing and approving the Final Judgment. For some uncontested cases, Court appearances are minimal or may not be necessary beyond procedural requirements, or at all.
Below is more information about alternatives that don’t involve the Court.
Mediation:
Now required by Florida Law, Mediation is recognized as prevalent alternative to Litigation. It is one of the most effective ways to resolve Family Law cases without going to Trial. During this process, a neutral third-party Mediator helps both parties discuss details surrounding their case and work toward mutually acceptable solutions.
Another important aspect to consider is that Mediation is often less expensive, less tense, and may be resolved more quickly than a drawn-out Court case. Choosing Mediation allows both parties an opportunity to maintain greater control over the outcome rather than leaving important decisions entirely in the hands of a Judge. As mentioned above, Florida Courts enforce attempting resolution through Mediation before scheduling a Trial in Family Law cases.
Collaborative Law:
Attorney Tom Marks believes the Collaborative Process is a healthier approach to Family Law. What is Collaborative Law? It is a process designed to help parties resolve their Divorce, Timesharing, or Paternity matter amicably. In a Collaborative Divorce or Family Law matter, each party is represented by a Collaboratively trained Attorney and enters a voluntary Collaborative Agreement without relying on the Court. Typically, less expensive than Family Law Litigation, the Collaborative Process is also recognized for protecting the minor children and goals of each party.
Collaborative Law focuses on productive communication, problem-solving, and preserving relationships whenever possible. This approach can be particularly beneficial for parents who are solution-oriented and wish to continue co-parenting in a respectful manner after the case concludes. Parties who are interested in resolving their case privately may be ideal candidates for Collaborative Law as well since the Collaborative Agreement and financial information are not filed with the Court. This happens to be a significant advantage of Collaborative Law. Unlike a Traditional Litigation case, documents such as the Financial Affidavit, Equitable, Distribution Worksheets, Child Support Guideline Worksheets, etc. are handled by a Financial Neutral.
While many Family Law cases settle outside the Courtroom, some disputes require judicial intervention. Court may become necessary when parties cannot agree on critical issues, when one party refuses to negotiate in good faith, or when urgent matters involving child safety, Domestic Violence, or Enforcement of Court orders arise.
During contested cases, a Judge may need to make decisions regarding Child Custody, Timesharing, support obligations, or the division of Marital assets. Even then, settlement discussions often continue throughout the Litigation process.
Understanding whether your case can be resolved through negotiation, Mediation, Collaborative Law, or Court proceedings is important. Two of our Family Law Attorneys are Collaboratively trained and available to further discuss the advantages of the Collaborative Process.
Have questions about Divorce, Child Custody, Child Support, Alimony, or another type of Family Law? Our Legal Team can help you determine potential next steps. Don’t hesitate to contact The Marks Law Firm, P.A. – Family Law & Divorce Attorneys today. Someone from our administrative staff will be happy to assist you in scheduling a consultation.