Types of Divorce: What Every Man Should Know

Divorce is frequently a life-changing experience. While it can certainly be emotionally taxing, in many instances, it is ultimately a change for the better for all parties involved. Nevertheless, before taking this journey, it’s important to understand that there is not a single universal approach to divorce.

Some divorces can be resolved with very little conflict and without extensive involvement of the Florida courts. Others are complex, requiring significant financial or legal expertise. Men may even hear terminology about different divorce approaches that they’re unsure are relevant to their situation. Getting to know the different types of divorce ensures that every man is able to make more informed decisions about which path is most appropriate.

Contested vs. Uncontested Divorce

Florida is a no-fault divorce state. This means that neither spouse needs justification nor agreement from the other to seek a divorce. Nevertheless, there are still circumstances under which contested and uncontested divorces arise.

Contested divorce

Contested divorces in Florida are those where the spouses can’t reach an agreement on at least one important aspect. Some common areas of contention here include division of property, alimony, prenuptial agreement terms, child custody, and child support. These disagreements prevent a simple conclusion to the divorce, which often necessitates lengthy and costly discovery processes and court hearings.

Uncontested divorce

Uncontested divorces in Florida see spouses agreeing on all the major issues surrounding their divorce. This tends to result in a simpler, cheaper, and relatively stress-free process, often without the need for court cases.

Simplified Dissolution of Marriage

One of the quickest and least complex types of divorce in Florida is the simplified dissolution of marriage. This is only an option for men in the state whose marriage meets a specific set of criteria.

These eligibility requirements are:

• Both parties agree that the marriage cannot be saved.
• The parties have no minor or dependent children together, the wife does not have any minor or dependent children born during the marriage, and the wife is not now pregnant.
• The parties have agreed between themselves how marital assets and liabilities will be divided.
• The parties are not seeking spousal support from one another.
• The parties must give up their right to trial and appeal.
• The parties must both sign the petition for simplified dissolution of the marriage.
• Both parties must be willing to attend the final hearing at the same time.

While it can be tempting to choose the least stressful and fastest route to divorce, men must first be certain that this approach protects their interests effectively.

Collaborative Divorce

For relatively amicable divorces in which there are still several details to hammer out, some men find that a collaborative divorce is effective. This places the emphasis on cooperation between spouses in a way that still involves attorneys providing close legal guidance.

Each spouse hires their own family law attorney, and in some cases, the attorneys will arrange for the assistance of other experts, such as forensic accountants or child specialists.

Importantly, this approach balances the value of legal expertise with the benefits of not going through the court system. It also tends to be less adversarial than formal litigation, which can be important where there are shared children involved and both parties want to preserve a mutually cordial post-divorce relationship.

Mediated Divorce

Mediated divorces are another approach couples take to resolve disagreements related to terms and then to move toward finalizing. In some instances, the Florida courts will request that couples pursue mediation first before seeking to resolve the matter through formal litigation that is both costly and lengthy.

This approach involves arranging for a neutral professional who represents neither party to facilitate communication between the spouses. From there, the parties will discuss the issues together and work toward negotiating a settlement. This is similar to collaborative divorces, but typically doesn’t involve legal counsel directly.

While mediation can be faster than litigation, it is not suitable for everyone. In cases where there are power imbalances, histories of abuse, or a simple unwillingness to compromise, this may not be an effective solution.

Default Divorce

While Florida is a no-fault divorce state, the petitioning party must still arrange for their spouse to be served with the petition. The party then has 20 days to respond to the petition with any disagreements or other aspects about the settlement that they want the court to consider.

However, if the other party fails to respond within that time frame, a divorce by default may be entered into the record. Often, if the man is the petitioner, he can find that this is advantageous because the court may rule on matters of division in his favor. That said, the court will still review the settlement to ensure it is fair and in line with the Florida statutes.

Military Divorce

Florida has a significant number of active-duty service members. As a result, men may find that they need to arrange for a military divorce. This is not all that different from a standard Florida divorce, on the condition that at least one of the parties is a resident of the state, and follows standard no-fault guidelines.

However, there are some additional elements these divorces can feature, including.

• The Servicemembers Civil Relief Act (SCRA) – The SCRA includes provisions that suspend certain obligations while a servicemember is posted away from home on deployment. This can mean that court dates for divorces may be suspended until the servicemember returns.
• The Uniformed Services Former Spouse’s Protection Act (USFSPA) — The USFSPA enables the court to award a percentage of the servicemember’s retirement pay to their former spouse.

Wrapping Up

There is no one-size-fits-all approach to divorce. Your circumstances, how amicable the separation with your spouse is, and various other factors influence which path is most appropriate for you.

Certainly, it is vital for men facing divorce to make informed choices in order to safeguard their interests, finances, family connections, and overall well-being. Collaborating with an experienced professional is essential here. Our committed attorneys have spent years helping men like you in Florida to understand the options and navigate the process toward a positive outcome.