(954) 467-3307 Ft. Lauderdale and Central, FL
Private and Confidential Mediation for Families
The Loss of a friendship and/or marriage can be painful and devastating. Couples are encouraged to attend mediation after they file the lawsuit for dissolution of Marriage. Mediation is also available before couples file and the settlement Agreement can be filed with the dissolution at the same time thereby avoiding unnecessary cost and anguish that a prolonged divorce and litigation can have. When a marriage has come to an end, it is best if the couple can decide the terms of the divorce otherwise in a contested divorce (if it goes to final hearing or trial) your most personal matters, property, child support and visitation will be decided by a Judge.
A Marital Settlement Agreement can be signed by the parties that memorializes the parties wishes. This process is generally faster, cheaper less expensive and done in a private manner.
However, many divorcing couples are unable to proceed with an uncontested divorce and will therefore proceed with a contested filing; at some point during the process and before a judge will make a final decision on your case, they will order the parties to attend mediation.
If you want to file for divorce but want to attend mediation before you file, you can contact the office and we will assist you in preparing and filing the paperwork and legal pleadings and the Settlement Agreement.
General Requirements for divorce in Florida:
1. Either the husband or the wife must reside in Florida for six months before the filing of the petition for dissolution of marriage (divorce petition); and
2. The marriage is irretrievably broken or one of the parties has been adjudged mentally incapacitated for a period of 3 years or more.
If the Respondent files an Answer as required, then, typically, each side will be required to disclose information. The information disclosed is mostly regarding financial matters and this is called Mandatory Disclosure.
Petition :In a contested divorce a petition for dissolution of marriage is filed with the court by the Petitioner. The Petitioner can be either the wife or the husband. Once the petition is filed, it will have to be served upon the Respondent by either the Sheriff or a process server. Answer :The Respondent has 20 days from the date of service to file a response, known as an Answer, in court. If the Respondent fails to file an Answer in court within 20 days, then a default can be entered by the court and a final hearing can be scheduled where just the Petitioner will appear.
Negotiated Settlement, Mediation or Judge’s Decision
The attorneys involved will typically attempt to negotiate a settlement and if negotiations fail, the parties will attempt to settle all issues at the Mediation. If there is not a settlement in Mediation then there will be a final hearing where the judge will rule on the issues and grant the divorce. When considering a divorce there are number of issues that need to be addressed. We can assist you in fling the divorce and filing the Mediated Agreement.
Child custody and visitation
Any decisions regarding a child is determined based on the best interest of the child standard. Florida encourages both parents to have a relationship with the child unless it is to the detriment of the child. Typically the parents will have shared parental responsibility where both parents share in decision making for the child. Typically, the home of one parent is designated the child’s primary residence. The other parent is generally granted reasonable and liberal visitation or timesharing.
Property Division: Once marital assets and debts are identified the court begins with the premise that the division should be equal, unless there is a justification for unequal division of property based on factors such as the length of the marriage and the contribution of both spouses to the marriage..
Florida is an “equitable distribution” state thus the marital property will divided in a fair or equitable fashion not necessarily equal. Any assets acquired or debts incurred during the marriage by either spouse may be classified as marital including retirement benefits. Property division under Florida law even includes the family pet.
Child support: Child support is set in accordance with the Florida child support guidelines. Each parent is required to complete a financial affidavit which will determine each parent’s net income. From this net income the guidelines indicate the minimum child support figure as well as a percentage obligation for each parent. The non-custodial parent pays the child support to the primary residential parent or the custodial parent. Work related child care costs, health insurance costs and uncovered health care treatment are included in the formula for child support.
