We now offer Virtual Mediations using Enhanced Video Conferencing
Date Posted: June 5, 2023 2:47 am
In the Sunshine State, saying goodbye to your marriage is no day at the beach. But with our “Divorce Mediation Checklist,” you can at least navigate the stormy seas of divorce with a little less stress. This guide offers detailed, step-by-step advice, FAQs, and even a peek into some lesser-known aspects of divorce mediation. So, take a deep breath; we’ve got your back.
Below, you’ll find a comprehensive checklist to help guide you through the process. Each item is explained in more detail throughout the article.
Divorce mediation is a process where a neutral third party, the mediator, assists the divorcing couple in negotiating and resolving their disputes. It’s an opportunity to iron out the wrinkles without the high costs and adversarial nature of court battles.
You will need many documents, from tax returns, bank statements, and credit card bills, to retirement accounts. Round up anything related to your financial life. It’s better to have too much than not enough.
This step is a lot like spring cleaning – you’ve got to roll up your sleeves and get into every nook and cranny of your finances. From properties and vehicles to jewelry and furniture, list everything of value. Don’t forget debts either – credit card balances, mortgages, car loans, everything counts.
Jot down everything you can think of regarding your children’s needs. This could include education costs, healthcare, day-to-day expenses, and any special needs. Remember, children aren’t bargaining chips; their well-being should always be the priority.
Figuring out where the kids will live and how both parents will remain involved in their lives can be a real can of worms. However, the goal is establishing a plan that best supports the children’s interests.
Alimony, or spousal support, can be a thorny issue. Review your financial situation, considering factors like the length of the marriage, age, health, and financial resources. This helps determine if alimony is appropriate and, if so, how much.
Think of this as your financial GPS for life after divorce. It’s a blueprint of your future expenses and income, giving you a clearer picture of your financial health post-divorce.
Yes, mediation is about negotiation and compromise, but don’t go into it unarmed. An attorney can provide valuable advice and ensure your interests are protected.
Choosing the right mediator is like finding the perfect pair of shoes. It’s not just about looking good – they must also be a good fit. Research, interview, and select a mediator who makes you feel comfortable and heard.
You wouldn’t run a marathon without training, would you? So, make sure to walk into mediation sessions prepared. Know what to expect, organize your documents, and be ready to negotiate.
Now, let’s delve into some little-known areas of divorce mediation.
The Role of Emotions
Divorce isn’t just a legal process; it’s an emotional journey. The role of emotions in mediation is often overlooked, but acknowledging feelings like anger, fear, and sadness can aid in resolving them.
Flexible and Creative Solutions
Mediation offers the chance to develop creative solutions tailored to your family’s needs. These can often lead to more satisfactory outcomes than court-imposed decisions.
The Potential for Post-Divorce Relationship
Unlike court battles, mediation can help preserve a civil relationship between ex-spouses. This is particularly beneficial when children are involved, making co-parenting smoother.
The Challenge: Divorce is a highly emotional process. Anger, resentment, guilt, and sadness can all bubble to the surface, making it challenging to negotiate objectively.
Overcoming It: Try to separate your emotions from the negotiation process. Consider seeking support from a therapist or support group. Remember, the goal of mediation is not to win but to find a solution that works best for all parties involved.
The Challenge: Communication between two divorcing parties can often be strained. Misunderstandings and assumptions can lead to conflict and stall the mediation process.
Overcoming It: Clear, open, and respectful communication is key. Try to listen more and talk less. When you do speak, express your thoughts and feelings without attacking the other person. A mediator can also help facilitate this type of communication.
The Challenge: Unresolved issues from the relationship can surface during mediation, distracting from the task at hand.
Overcoming It: Remember that the purpose of mediation is not to rehash old arguments or place blame. Keep your focus on the present and the future. If certain issues persist in causing trouble, it might be worth addressing them in a separate therapy or counseling session.
The Challenge: Sometimes, one party may dominate the other during negotiations, whether financially, emotionally, or in terms of knowledge about the process. This can lead to one-sided agreements.
Overcoming It: A skilled mediator should be able to recognize and address any power imbalances. Each party should also have their own attorney to ensure their interests are represented. If you feel overwhelmed or disadvantaged, speak up about it.
The Challenge: Negotiating child custody and visitation can be one of the most challenging aspects of divorce mediation. Parents often have different ideas about what’s best for their children.
Overcoming It: Focus on what’s best for the children, not what’s best for you. Try to be flexible and willing to compromise. If you can’t reach an agreement, a family court judge will decide based on the child’s best interests.
1. Can I skip mediation and go straight to court in Florida?
Yes, you can, but mediation is generally less expensive, less adversarial, and offers more control over the outcome.
2. What if we can’t agree on all issues during mediation?
If some issues remain unresolved, these will need to be settled in court. However, agreeing on some matters can still simplify the court process.
3. How long does divorce mediation typically take in Florida?
It varies widely based on complexity and the couple’s willingness to compromise, but typically it can take anywhere from a few weeks to a few months.
4. How much does divorce mediation cost in Florida?
Divorce mediation can range widely but is typically less expensive than a court battle. Costs can include the mediator’s fee, attorney’s fees, and other related expenses.
5. Are the results of mediation legally binding?
Once the court approves a mediation agreement, it becomes a legally binding document.
6. Can the terms of a mediated agreement be changed later?
Yes, but changes to things like child custody and alimony typically require showing a substantial change in circumstances.
Navigating a divorce is like sailing through a storm – it’s tough, it’s unpredictable, and you’re likely to get a little wet. But with our “Divorce Mediation Checklist,” you have a sturdy lifeline to help guide you to smoother waters. Remember, it’s just a storm, and all storms pass.
Are you about to enter the stormy family law arena and feel you’re without a compass? Don’t worry! Ann M. Goade, a seasoned attorney, and certified family law mediator, is your guiding light. With her at your side, you can confidently navigate these challenging waters.
With over three decades of experience in private practice and 25 years as a certified family law mediator, Ann is well-versed in the legal landscapes of Florida, Illinois, Missouri, Tennessee, and even the Supreme Court of the United States. Her distinguished career has made her a trusted name on the Treasure Coast and the Palm Beaches.
Ann firmly believes in the power of mediation, especially in family law cases. This process provides a platform for problem-solving through the guidance of a professional third-party mediator.
With Ann M. Goade, you’ll have a steadfast companion to help you chart your course to calmer waters. Call for a consultation today at 772-288-7275 and let Ann guide you toward a successful resolution that respects your needs and your voice.
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