We represent clients going through a divorce mediation.
Is divorce mediation required in Florida?
Yes, in Florida, you are legally required to attempt mediation before going to trial.
You deserve great legal representation.
Top 5 benefits of settling your divorce during mediation and avoiding litigation.
Save money: Divorce mediation avoids costly expenses traditionally associated with formal litigation because there is no trial.
Faster process: Preparing for court usually involves several meetings with your attorney, extensive preparation, and waiting for a court date – all of these increase the time it takes for the divorce process to conclude.
Legally binding: Agreements made during a divorce mediation that are put into writing and signed by both parties are legally binding and enforceable. The agreement becomes a legally binding document, and failure to abide by the terms outlined in the agreement can result in litigation, legal fines, and even arrest.
Less confrontational: Mediation is, by nature, a less confrontational method of getting divorced. During mediation, the parties reach their own agreement, and that agreement becomes legally binding. Since the former spouses reached the agreement on their own, each party tends to be more evenly satisfied with the results than those who go through litigation. Mediation is also viewed as a less stressful divorce method when children are involved.
Completely private: Litigated divorces involve the submission of documents and evidence to the court, and all these documents are considered public records, which means there is very little privacy involved in a divorce that goes to court. If you value privacy or are a high net worth individual and want to keep certain records out of the public eye, then mediation may be the divorce method best suited to you.
What is divorce mediation?
Divorce mediation, also known as family mediation, is a dispute resolution method whereby the spouses meet with a neutral third party with the goal of formally ending their marriage and walking out with an agreement each party is satisfied with.
During divorce mediation, the goal is to reach an agreement where each soon-to-be former spouse is as satisfied as possible. To accomplish this, there is no topic off limits. Commonly discussed topics during mediation include parenting plans, division of assets, parental responsibility, timesharing, child support, and even alimony.
Mediation allows each party to ultimately speak and determine the terms of their divorce in an informal setting. A mediator is legally prohibited from providing any legal advice, so to ensure your interests are being met during mediation, it’s highly advisable to secure the legal services of an experienced divorce mediation attorney.
Signed agreements made during a divorce mediation are legally binding and enforceable. Most divorce cases in Florida end within the mediation stage, but if no resolution can be reached, then cases proceed to litigation.
You are legally obligated to attempt divorce mediation, but if both parties cannot mutually agree on the terms of their divorce, then the case goes to court.
Divorces can be very emotional. Sometimes, one spouse can act on those emotions during mediation and attempt to keep the other party away from something they are entitled to, such as an asset or a child.
After you’ve exhausted your mediation attempts, litigation is the next step.
During litigation, each divorce attorney is focused on creating a strong case for their client to present in front of a judge. Divorce trial proceedings follow the same format as other court cases. You can expect each attorney to argue in favor of their client, evidence will be presented to the court – including detailed financial documentation, witnesses will speak, and each spouse will say their side of the story. The opposing counsel can cross-examine each party. After all is said, the closing arguments will be presented, followed by the judge making a ruling.
Do you need a divorce mediation lawyer?
Speak to the Law Offices of Sara J. Singer today. Schedule your divorce consultation with our team today. Our team will be with you every step of the way.