If you’re about to go through divorce proceedings, you might assume that both of you need to hire attorneys. In particularly adversarial cases, that’s a good idea—but if it’s an amicable separation, divorce mediation in Miami, FL might be a better idea. Not only does it cost less than a traditional divorce, but it may also be faster and easier. Is divorce mediation right for you? Here’s how to tell.
When is divorce mediation a good idea?
Every case is referred to mediation before a trial will be held. Mediation is best when there are very few (if any) conflicts and no bitterness involved:
- Both parties want a divorce: First and foremost, if both parties agree that they want a divorce, mediation can work. They should agree that there’s no hope of getting back together, and that divorce is the best solution. Otherwise, it will be harder to reach mutual agreement when emotions are running high.
- The finances are transparent: It is tempting for some couples to hide property and assets when they’re going through a divorce. If, however, you’re committed to transparency and honesty, mediation can be a good idea. Mandatory disclosure in Florida assures that all financials are disclosed, both assets and liabilities.
- The couple wants to remain on good terms: Mediation is usually appropriate when the couple wants to stay friendly with each other, especially when there are children involved.
- Neither party feels threatened by the other: If there’s a power imbalance in your relationship, mediation might work but it is worth a try. Mediation works best when the couple to be able to disagree without fear or resentment. If one or both parties feel threatened or pressured by the other, it may not be be successful.
What happens in a divorce mediation?
Instead of hiring your own attorneys, you’ll work with a state certified mediator. This allows the two of you to work out major issues like splitting finances, child custody, spousal and child support and more. Your mediator will talk to you separately and together to get a sense of where you agree on the issues, and where there’s still some conflict. Then they’ll help you come to a mutually beneficial agreement.
Once you two have agreed on how to divide your marital property and handle other applicable issues, the mediator will prepare a divorce settlement document on your behalf. This is a legally binding agreement that functions in the same way a traditional divorce decree does.
Mediation tends to be less expensive (it may be just 10 percent of the cost of a traditional divorce), and gives the couple more control over the proceedings. Rather than having a judge hear the information and impose a decree, this is a collaborative process. If you and your ex fit the descriptions above, mediation might be the right step for you.
For help with your divorce proceedings in Miami, FL, reach out to the Law Offices of Granoff & Kessler today. With over 60 years of combined experience, we can help you get a favorable outcome in your case.
Categorized in: Divorce