Mediation in a Florida Divorce
Mediation is a process where a neutral third party called a “mediator” acts to encourage and facilitate the resolution of a dispute between two or more parties. It is informal and non-adversarial. As opposed to court, decision-making authority rests with the parties. A majority of cases settle through mediation.
The role of the mediator is to assist the parties in identifying the issues, fostering joint problem solving, and exploring settlement alternatives. A good mediator will help the parties understand the strengths and weaknesses and identify their real interests rather than legal positions.
In Florida family law cases, a family mediation can be court-ordered, voluntary, or pre-suit. Most courts have a court mediation program, and require the parties to attend mediation before setting a final hearing on any contested matters. If no agreement is reached during mediation, the case will proceed to trial.
For court-ordered mediation, fees are set by law based on combined gross annual income. If combined gross annual income is less than $50,000, parties must pay $60 each. If combined gross annual income is more than $50,000 but less than $100,000, parties must pay $120 each. If combined gross annual income exceeds $100,000, the parties must use a private mediator.
All communications at mediation are confidential except where required or permitted by law.
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Here are the steps involved in a divorce in Florida:
1. File a Petition
2. File an Answer
3. File Required Affidavits/Worksheet
4. Discovery
5. Mediation
6. Final Hearing
Florida courts try to ensure that both parents have frequent contact with a child following separation or divorce. As such, the default time-sharing plan in Florida is 50-50 visitation for each parent, regardless of the child’s age or gender.
Alimony, or spousal support, is based upon one spouse’s need for financial support and the other spouse’s ability to pay.
Florida law provides for an “equitable distribution” of marital assets and debts in a divorce. Although the court must begin with the presumption that all marital assets and debts are to be divided equally between the parties, the court may make an unequal division if the judge thinks that is fair.
Mediation is a process where a neutral third party called a “mediator” acts to encourage and facilitate the resolution of a dispute between two or more parties. It is informal and non-adversarial. As opposed to court, decision-making authority rests with the parties. A majority of cases settle through mediation.
Here are the steps involved in a divorce in Florida:
1. File a Petition
2. File an Answer
3. File Required Affidavits/Worksheet
4. Discovery
5. Mediation
6. Final Hearing
Alimony, or spousal support, consists of periodic payments made from one spouse to another during and following a divorce.
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The laws of the state in which you were divorced or, if unmarried, where your child lives will apply.
Military pay stops when a member dies. The Survivor Benefit Plan, or SBP, is an annuity that provides a beneficiary with monthly payments for life.
In so many ways, the military community is a different beast. We have our own lingo. Our own unique challenges. Our own justice system. We rely on established, consistent systems to manage life's curveballs.
The Uniformed Services Former Spouses' Protection Act (USFSPA) recognizes the right of state courts to distribute military retired pay to a spouse or former spouse and provides a method of enforcing these orders through the Department of Defense.
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