Florida divorce courts are no different than many other states when it comes to encouraging couples to settle their divorces via mediation or collaborative law: they’re for it. And while I usually urge divorcing couples to consider mediation or collaborative divorce, there are some instances when going to court is the right move:
When A Spouse is Abusive – If someone is seeking a divorce from an abusive spouse, chances are that they are easily intimidated by that spouse and will have trouble sticking up for their rights in a mediated or collaborative divorce process. In this case, it is usually best to have a divorce attorney as your advocate.
When A Spouse is Uncooperative – Unfortunately, in some cases, a spouse will be particularly vindictive and spiteful and want to “punish” the other spouse in the divorce. Some spouses may refuse to communicate with each other at all. In these cases, there is no good faith basis on which to proceed with a mediation or collaborative divorce.
When A Spouse is Missing – If one spouse simply disappears, it is obviously not possible to engage them in conversation about a divorce. In this case, the spouse left behind would need to go to court to obtain a judgment to terminate the marriage.