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The Risk You Take in Your Florida Divorce

Who doesn't like to be in control? Most of us like to steer our own ships; of course, sometimes events happen that are beyond our control and we must "go with the flow." Given the choice, I believe most people would elect being able to guide what happens to them.

This point is crucial to contemplate when you file for a Florida divorce.

How do you want your divorce to play out? Do you want a judge to tell you what to do with your assets and when and where you can see your children? You say "yes" to this question when your case goes to trial.

For some spouses, the choice to settle was taken away by an unreasonable spouse or opposing counsel. Unfortunately, many litigants often supported by attorneys who like to litigate, are not willing to engage in good faith efforts to see that a fair agreement is reached. However, it is sometimes the case that warring spouses for one reason or another refuse to compromise and work toward a settlement. This inability to work toward an agreement is usually based on excuses such as "the principle of the matter," power struggles in the relationship, or one or both of the spouses wanting to tell their "story" to the judge.

Whatever the cause, the end result is the same. You put your fate in the hands of a stranger, albeit a principled and seasoned professional stranger. The judge will have the duty to make life-altering, far-reaching decisions for you and your family.

If you want to take the risk that you will like what is decided by the judge, then trial may not be a big deal for you. However, if you still feel that you would like to steer your own ship and have input regarding the intricacies of your divorce, please consider working diligently toward settlement. Choose a lawyer who knows how to negotiate and at the same time is not afraid of trial. Understand that negotiation is not a one-shot deal. You can go back to the table again, and when you come to settlement having enlisted the help of your attorney who facilitated a fair agreement for you, be proud that you chose to keep your fate in your hands.

For more information on settlement, trial and other models beside litigation you can contact he law office of Schwam-Wilcox & Associates, we can represent you or act as your mediator to get the matter resolved. We can be reached by calling 407-245-7700, e-mailing at or obtain more information by visiting our website at



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