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What is divorce mediation and how does it happen?

| Jan 11, 2016 | Divorce Mediation |

Divorce mediation is a great way to handle the disputes that come up when two people are separating households and trying to negotiate how the custody and support of any children involved will happen. Instead of having the court decide, you, your spouse and your attorneys can congregate and work through all your issues.

The law states that any type of mediation, be it for parental responsibility, the use of the primary residence, visitation rights to the child, or property division, is encouraged and will be noted as a way to engage all parties in negotiating these issues. The court even has the right to order you both and your attorneys into mediation if they see that it may help. All the costs of this mediation, such as recording fees, process fees, and expenses incurred by the circuit court will be yours and your soon-to-be ex-spouse’s to pay.

Mediation is usually a voluntary action that sees you and your spouse and your lawyers sign an agreement of a contract that states that you will do everything in your power to work toward a friendly split of assets, child custody and support issues and even debt distribution. This is called a friendly divorce, if there ever can be one.

If you do come to an agreement and the contested issues are settled, a consent order will be prepared that incorporates all the issues and will be given to both of you. It will be reviewed by the court after you both sign it and agree that it is complete. If the court consents that it is sufficient, then it will be entered and enforced.

Source: Florida Statutes, “Chapter 61 Mediation,” accessed Jan. 11, 2016

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