In order to get a divorce in Florida, both parties must first go through mediation. While you may feel like you are not in a state where you could work well with your soon-to-be ex-spouse, it is possible that you could use the required step of mediation to avoid litigation.
Often, mediation leads to more favorable results than the outcome of an acrimonious court battle, but you would still benefit from the assistance of an attorney in order to ensure the full protection of your legal rights. With the assistance of your legal ally, the mediation process provides you an outlet to make sure that your voice is heard throughout negotiations.
The benefits of the mediation process
Not every couple can resolve their divorce issues through the mediation process, but there are certain benefits to those who do. In addition to allowing a couple to maintain more control over the final divorce order, it can also provide the following benefits:
- Encourages communication between opposing parties
- Allows people to decide how decisions are made
- Diffuses anger while still allowing for voices to be heard
- Encourages creative problem solving methods
- Allows special needs or interests to be specifically addressed
- May be less expensive than litigation
During mediation, the most important voice is not that of the attorneys, but of the two parties working through important divorce issues and disputes. An experienced mediation attorney knows how to navigate this complicated process in order to help spouses and parents reach agreements that will allow their family to have a strong post-divorce future.
Many people wrongfully assume that both parties must like each other or be amicably divorcing in order to make mediation work and avoid litigation. It is possible to navigate this process and reach a mutually beneficial agreement as long as both parties commit themselves to reaching a final order without the interference of the court.
Your mediated divorce
In order to avoid litigation and keep your divorce out of court through mediation, you and your spouse will have to effectively address and resolve important divorce-related issues, including:
- Financial settlement offers
- Child custody
- Parental rights and visitation schedule
- Property division
- Distribution of retirement accounts and pensions
- Other special needs
Mediation may offer you the opportunity to achieve favorable results without the need for the extra cost and stress of litigation. A family law attorney with experienced in mediation can help you understand how to leverage Florida's requirement of mediation to save time and money and provide you with more control during your divorce.