Frequently Asked Questions on Divorce Mediation
Answers to Your Divorce Mediation Questions
If you’re considering divorce, we have included the answers to some of our most frequently asked questions concerning divorce and marriage mediation.
Read through the following information and contact us if you have any further questions or concerns.
1. How long does it take to get a divorce using mediation?
It all depends on the couple and the complexity of your situation.
A couple with a long term marriage, several pieces of real estate, business ownership, and/or children will take longer than a couple married for a short time with none of the above. A short dissolution can take place in 2-3 months, an average dissolution 5-7 months and a longer dissolution 9 months to a year or longer. Mediation almost always takes significantly less time than a dissolution with attorneys and the courts involvement.
If you are dealing with a foreclosure, short sale, bankruptcy, a move, a job change, a health issue or children’s concerns, consider that it may add time to get everything resolved.
2. If you use mediation, do you have to have attorneys also?
It is a requirement in Florida that you mediate prior to taking a case before a judge for a decision, but you do not have to have attorneys. You are always entitled to have an attorney if you desire prior to or during the mediation process, or to have one review your agreement before signing it. You may want to hire an attorney by the hour, as needed, if you encounter a question or concern during the mediation process.
Mediation can help clients with their divorce much more efficiently and with less expense than using attorneys and going to court. Most of our clients don’t retain attorneys, because they don’t want the divorce process to be adversarial or expensive. It is not the attorneys, per se, that make it adversarial, it is the system, but it is a personal choice and depends on your situation.
3. Can we use mediation for a separation?
Absolutely! You may want to start with a temporary agreement to determine how you want to handle your expenses and co-parenting during the divorce process. There is no legal separation in the state of Florida, but there are reasons that couples look for an interim agreement which will help stabilize the family and finances during the separation and divorce process.
4. Will mediation help us with Child support and children's issues?
Yes. We will help you with all that pertains to your children, including child support and the parenting plan, and the parenting class that you are required to attend. We believe in maintaining the integrity of the family unit while assisting the couple to separate and redefine the family relationship during the divorce process. We see the family as our client and work diligently to support and guide the couple in order to minimize disruption to the children and build trust between the spouses. The goal is for the spouses to create an agreement without litigation that both parties feel is fair and will benefit each of them and their children.
5. How do we determine Spousal Support (Alimony)?
Freya is a CDFA® and is trained in divorce financial analysis. Using sophisticated methods and software, we help you determine a settlement that is fair and reasonable. Zollinger Mediation is not a lawyer, judge or arbitrator, so we do not make decisions for you but we educate you so you can make healthy decisions for yourself and your family. We will help you craft possible solutions by teaching you to think creatively and appreciate and understand each other’s perspectives while working within the guidelines of the law.
6. What if one of the spouses lives outside of Florida?
Zollinger Mediation can assist anyone looking for mediation whether they live in Florida or not. There is a legal requirement for one of the parties to have been a resident of Florida for at least six months prior to filing for divorce in the state of Florida.