What is the role of a Mediator?
Mediations are completely neutral and voluntary. The purpose of a divorce mediator is to be the third neutral person during divorce mediation. The mediator does not represent any party and does not act as a judge making decisions for the parties. The mediator is there to guide you through the process of divorce and arrive at it in a peaceful way. A mediator is there to ensure that both parties head in the direction of resolving conflict in their issues and hopefully come to an agreement.
To get a divorce in Florida, you must have resided in the state for at least six (6) months. The process starts with one spouse filing a petition for dissolution of marriage, which is then served to the other spouse. Next, there is a mandatory financial disclosure period, followed by negotiation and/or mediation, and then the Court will enter a final judgment. Florida is a "no-fault" state, meaning you usually only need to state that the marriage is "irretrievably broken".
Before you file:
Meet residency requirements: You or your spouse must have lived in Florida for at least six (6) months before filing.
Determine the type of divorce: Decide if you need a simplified divorce, or one that includes property and/or minor children involved, as this determines the specific forms you need to file.
Gather your documents: Start collecting personal and financial documents, such as bank statements, tax returns, and property deeds.
Filing for divorce:
File the petition: One spouse files a Petition for Dissolution of Marriage with the court, stating the reasons for the divorce (e.g., "irretrievably broken") and what you are seeking (e.g., child support, alimony).
Pay the filing fee: A fee is required to file the petition which can sometimes be waived for those who qualify as indigent. (Contact your local Clerk of Court to determine indigency and for an affidavit of indigency)
Serve your spouse: The other spouse must be officially served with the divorce papers. They will have a set time (usually 20 days in Florida) to respond.
The legal process:
Mandatory disclosure: Both parties must disclose all financial information, including income, assets, and debts.
Mediation: The couple are generally required to attend mediation with a neutral third party to try and reach an agreement on key issues like child custody and financial matters.
Negotiation and agreement: If mediation is successful, you can file the agreement with the Court if you are unrepresented or work with your attorneys to finalize a settlement agreement.
Court hearings: If an agreement cannot be reached, you may need to attend court hearings, where a judge will make final decisions on the divorce-related issues.
Final judgment: Once all issues are resolved, either through an agreement or a court order, the judge will sign the final judgment of divorce, officially ending the marriage.
There is currently no legal separation status in Florida and there are no separation requirements to file for dissolution of marriage or divorce in Florida.
No, a divorce becomes final on the date the Court signs and enters a final judgment of dissolution of marriage.
Attorney participation in mediation is optional and is at each party's discretion or financial ability. You are also free to pause a mediation at any time, if you wish to consult with or consider involving an attorney before continuing with mediation.
At Dove, we create a safe, confidential, and respectful space where individuals can work through the process with dignity and clarity. While we understand how important emotional support can be during this difficult time, mediation sessions are designed for the attendance of just the parties involved.
We strongly encourage to have no additional people present during the mediation session whether held virtually or in a mediation conference. Their presence can unintentionally disrupt the process and make it more difficult for the parties to reach a resolution. To keep communication focused and productive, only the individuals involved in the mediation will be allowed to participate or speak during the session. Additional participants in the mediation will need to be approved in advance by the parties and the mediator if not already approved by the Court.
The difference between mediation and arbitration generally is that, in a mediation, the parties retain responsibility for and control over the disputed issues and do not transfer decision-making power to the mediator. An arbitrator's role is to resolve a dispute by making a final and binding decision for the parties based on the presented facts and relevant law. As such, mediation is a more informal collaborative process and procedure than arbitration.