Miami Divorce Mediation Lawyers

Skilled and Respected Miami Divorce Mediation Lawyers Fight for Your Rights

Once you decide to get divorced, you will have to consider and resolve a number of complex issues. You must agree on the division of marital property, child custody, visitation, child support, and/or spousal support.

You cannot expect a smooth and uncontested divorce. Things can get out of hand pretty quickly. Even the slightest disagreement about custody arrangements can trigger a lengthy court battle.

But before putting the decision in the hands of the court, you can turn to our divorce mediation attorney in Miami for assistance. This way, you will have a professional who can help you exhaust all possible strategies in settling contentious issues before going into the courtroom.

Find Peace of Mind With Our Divorce Mediation Attorney in Miami, FL

Getting a divorce is not something that couples foresee happening in their relationship. However, when your physical, mental, or emotional well-being has suffered because of a marriage, getting a divorce can be the best option. Most couples worry about going through a court battle and being unable to resolve important issues with their spouses civilly.

A mediated divorce helps couples avoid the high costs and stress associated with contested divorce proceedings. Unlike divorce litigation, divorce mediation allows you to come up with a unique settlement that takes both your and your spouse's interests into consideration. Hiring a divorce mediation lawyer is the best way to avoid a difficult litigated divorce, minimize costs, and protect the best interests of your family.

At Miami Family Law Group, PLLC, we understand that divorce is not a decision that couples take lightly. Our priority is helping unhappy families find peace of mind and helping couples navigate through the divorce process. With over 20 years of experience, we can ensure that you get the best possible solutions in a divorce decree while ensuring that your best interests are protected.

Our holistic approach to divorce means that we prioritize your well-being and avoid conflict at all costs. Our experienced divorce lawyers want to help you through the entire process and protect your interests.

Call our Miami family lawyers today at 305-520-7874 to schedule a consultation.

What Is Divorce Mediation?

Offered as an alternative to divorce litigation, mediation is when divorcing spouses try to come up with solutions for marital issues with the help of a neutral third-party mediator. These marital issues can include child support, custody, spousal support, and property division.

Divorce mediation must be a mutual decision, and both parties must want to attend mediation. With the help of a family law attorney or without a legal adviser, divorcing couples try to come to an amicable agreement without getting a family law judge involved. Divorce mediation can significantly reduce the costs of a divorce and speed up the divorce process.

Mediation is a good option for divorcing couples who can communicate about certain issues and are willing to sit down with a professional mediator. A successful mediation is when both parties can sit down with their divorce lawyers and an impartial third party and come to a solution on important matters.

The Divorce Mediation Process in Florida

Divorce mediation works differently from a traditional courtroom divorce. With the mediation process, you and your spouse will first choose an independent mediator to deal with your case, and this person should be a divorce mediation attorney in Miami. You will then have an initial mediation session with the mediator and your spouse to discuss important issues in your divorce.

The divorce mediator will assess whether mediation is the best option for you and your spouse. If mediation is a good option, you will begin mediation proceedings with the neutral mediator, your spouse, and both divorce attorneys present. Your divorce mediation attorney will represent your best interests through all stages and ensure that these interests are communicated to the mediator.

A divorce mediator will set up an agenda based on the issues in your divorce. They will ask questions based on your expectations and try to offer potential solutions to your issues. For example, when dividing assets, the mediator will gather your financial documents and provide suggestions for how assets may be divided based on ownership, investment, and percentages. The couples can then agree to the settlement agreement or negotiate to change it.

Finalizing a Divorce Settlement Through Mediation

Once both parties to the divorce have agreed on all matters, the mediator should draw up a Marital Settlement Agreement. Your lawyer should then assess whether the settlement is in your best interests, if it has all the matters laid out clearly, and if all the matters comply with divorce law.

The divorce mediator or your attorney will help you file for a divorce in court and finalize the settlement agreement. It is important that you are happy with the agreement before signing it, as a mediation agreement is legally binding once signed. This means that both spouses are bound by the terms of the agreement and can face penalties for failing to comply with the terms.

Issues Involved in the Collaborative Divorce Process in Florida

Most divorcing couples have different ideas on a wide range of issues. Coming up with a solution to these problems is the primary goal of the divorce mediation process. Some issues that couples will try to resolve through mediation sessions include:

Child Support

When parents decide to divorce, one parent usually becomes the primary caregiver. In a standard joint custody agreement, the child lives with the primary caregiver in their residence and stays with the other parent on some weekdays, every other weekend, or in a similar arrangement decided by a family Judge.

Because the primary caregiver pays for most of the child's costs, such as food, school, clothes, and other bills, the other spouse must make payments for the support of the child. During mediation, parents can come up with a support arrangement that works best for both parents and ensures that you or your spouse are not in financial difficulty.

Child Custody

Custody agreements are often the most difficult part of a divorce decree. Both parents often have varied ideas about what is in the best interests of the child. When these issues are brought before the court, it can create significant stress and hardship for the children involved. Resolving these matters through mediation allows both parents to work together in the best interests of their children.

Division of Property

As Florida is an 'equitable division' state, property and assets are divided equally between a divorcing couple. However, only 'community property' or property gained during the marriage is subject to division. If one spouse bought property before the marriage, this is not considered communal.

When a divorcing couple brings their case to court, it can lead to one person losing out significantly on assets and property. During mediation, however, couples can try to come up with solutions that allow both people to remain financially stable and avoid one person being left without property or assets.

With the help of a divorce mediation lawyer who has an in-depth knowledge of divorce and property laws, you can ensure that you do not lose out on marital property, such as individual assets gained during the marriage.

Spousal Support

Spousal support can be quite tricky in Florida. As there is no exact formula or guideline on whether spouses should be awarded support, judges typically award three different types of spousal support:

• Bridge the gap maintenance
• Rehabilitative maintenance
• Durational alimony

Considerations will be given to the length of the marriage, the income of each spouse, dependent children, and the mental and physical health of each spouse. If you and your spouse agree on a support arrangement, particularly if one partner earned a salary and the other one did not during the marriage, it can help avoid conflict.

What Are the Benefits of Hiring A Divorce Mediation Attorney in Miami?

There are many negative aspects of divorce. It can be very expensive, cause significant stress, create rifts between families, be distressing for children, and lead to one spouse losing out on assets or time with children. More couples in Florida are choosing divorce mediation because it can make the process a lot easier, and it has the following benefits:

• It gives couples more control over the divorce case and allows them to reach an agreement without the pressure of court dates and judges.
• It allows couples to save money.
• It encourages communication between divorcing couples and promotes a healthy relationship afterward.
• It is easier for children who do not have to watch their parents go to court and fight against each other.
• Couples can schedule mediation sessions outside of their working hours.
• It allows couples to come up with creative solutions and a unique agreement.
• Parties will not have to publicly disclose personal and financial matters through a court agreement.

Overall, mediation promotes divorcing amicably and prevents either person from facing unreasonable hardship after the marriage. However, it is important to note that divorce mediation is not the correct option for all divorcing couples. When domestic violence, abuse, or controlling behaviors are involved in your relationship, it is best to discuss your case with an experienced divorce lawyer.

Do I Need a Divorce Mediation Attorney?

A divorce mediator is separate from a divorce attorney. The mediator is the person who sits in the room with a divorcing couple, listens to their issues, and comes up with potential solutions for these issues. They do not view the situation as a winner-loser battle, but as a problem that needs to be solved. They also do not consider the best interests of each person and do not offer advice to either party.

Because of this, it is vital to have a divorce lawyer by your side through the mediation process. Your divorce attorney can offer initial advice on important matters and ensure that you know the strength of your legal position. They will ensure that you do not agree to a settlement that is not in your best interests and that you do not lose out on assets or rights to your children.

An attorney can also help you by explaining the procedures of mediation, preparing you for the process, advising you on the financial consequences, helping you decide on a settlement agreement, reviewing settlements on your behalf, and helping you with the paperwork. By engaging a lawyer to help you with mediation, you can have a collaborative divorce and avoid going to court.

Contact a Miami, FL Divorce Mediation Lawyer

Going through a divorce is extremely tough for most people in Florida. Bringing your personal issues to a public court can make matters even worse, and it can lead to conflict and enormous costs. The best way to avoid this is by trying out divorce mediation. With the backing of an experienced attorney, you can ensure that your best interests are protected while avoiding a difficult and lengthy litigated divorce.

At Miami Family Law Group, PLLC, we adopt a holistic approach to all family law matters. We believe in helping our clients through personal issues arising from a divorce in combination with legal issues. You can get in touch with financial planners, wealth advisers, and mental health professionals through our professional network.

Our law firm helps prepare clients for a new and exciting chapter in their lives and works hard to avoid conflict through mediation. An attorney from our firm will represent you through the mediation process, advise you on your legal rights, help you figure out the best options for you and your family, and coach you through the mediation sessions.

Contact our law firm to schedule an initial consultation by calling 305-520-7874.