How Does Mediation Impact Alimony Negotiations in Florida?

Are You Recently Divorced?

Divorces are emotionally charged and financially draining, and they can leave you feeling empty once the dust settles. Sometimes, good people don’t make good wives or husbands. That isn’t a knock against them or their character, but it can result in a tumultuous divorce and lingering animosity.

Did you know that going through divorce court isn’t the only option for spouses looking to dissolve their marriage?

What Options Besides Divorce Court?

When going through the dissolution of marriage, you may think that the only way to end your relationship is through divorce court. While divorce court, also known as litigated divorce, is the most obvious way of ending your marriage, it isn’t the only way.

It isn’t even the best way!

Florida is a no-fault divorce state. This simply means that there are only two grounds for divorce in Florida, neither of which assigns fault to either party. A divorce can be granted on the grounds that your marriage is irretrievably broken or a spouse is mentally incapacitated. If using the grounds of a mentally incapacitated partner, there must be an evaluation that follows Florida law.

You can also file for an uncontested divorce. An uncontested divorce means that both spouses agree to the divorce’s legal grounds and all the divorce-related terms in it. An uncontested divorce requires both spouses to draft and sign a legally binding agreement that lays out your and your spouse’s plan for dividing property, assets, debts, child custody and support, alimony, and more.

You can also pursue a collaborative divorce. A collaborative divorce will still see both you and your spouse hiring lawyers who are specially trained in collaborative divorces. A collaborative divorce relies on partners who are able to work together to resolve their differences, as both partners and attorneys agree to withdraw from the case should the couple be unable to settle their dispute.

Divorce mediation is a great way for couples to resolve their divorce-related issues without the need for a court. In mediation, the couple hires a neutral, confidential third party trained in divorce mediation. This third party works with the couple to resolve their issues and come up with a plan following the divorce. The third party is trained not only in the divorce process but also trained in special mediation techniques that will help you and your spouse come to an agreeable solution.

If you and your spouse are unable to come to agreeable terms, even with the help of a mediator, you will be required to ask a judge to resolve some or all of the remaining issues. If your divorce mediation is successful, then your mediator will simply draft your settlement agreement for you to sign and present to the judge to finalize your divorce.

How Can Mediation Impact Alimony Negotiations?

Mediation affords you and your spouse various benefits that you won’t find in other forms of marital dissolution. Because you and your spouse worked through the terms of your divorce with a mediator, it can often leave both parties feeling heard, which results in less animosity and anger.

Because you worked together with your partner and a mediator, you know that things that are important to you have been leveraged instead of relying on an overworked divorce court to make the decisions for you using equations and stats.

When working on post-divorce issues like child custody, child support, and spousal support, working with a mediator can result in a more favorable outcome for both parties because you are working together for a mutually beneficial outcome instead of against each other to “win.”

If you choose to pursue your divorce through traditional channels, such as divorce court, alimony is determined by a judge who may not know or understand your full situation.

If you choose to use a mediator, you are able to work with not only a trained mediator but also your spouse to determine if spousal support is warranted and, if so, how much should be paid and for how long.

Honesty is required in order for mediation to work. Unfortunately, the same is not true for traditional divorce courts. While we hope the court will notice any inconsistencies, that is not always true.

Working with your mediator and your spouse, your voice is more likely to be heard, and you are in a position where you can work to keep not only your spouse honest but also yourself.

When you try to deny spousal support for your spouse, mediation can help you explain why you feel alimony is unneeded or unfair and could be detrimental to you.

If you feel like you sacrificed enough of your professional life and earning potential to warrant alimony, mediation can give you the voice to explain why. You and your mediator will be able to explain to your spouse why a lack of alimony could be detrimental to your personal and financial life.

Do You Need a Divorce Lawyer?

While you and your spouse may be able to come to an agreement without the need for a lawyer, wouldn’t you rest easier knowing you both did everything you could to ensure a peaceful dissolution?

The Law Office of Erin Morse offers professional divorce mediation. Your mediator will be trained with the most up-to-date methods, meaning they will get better results and help alleviate any animosity, anxiety, and anger.

Call 401-900-7451 to schedule a consultation. Using mediation for your divorce can help you feel confident that you were heard and that you achieved an outcome that was fair and balanced.