Port St. Lucie Divorce Mediation Information
If you are considering getting a divorce in Port St. Lucie, divorce mediation is one way to prevent the break-up from getting ugly.
Mediation consists of one or more meetings where you, your spouse, and your attorneys get together with a neutral third party who guides the conversation. It usually takes place away from the courthouse to lower everyones stress level.
"The mediators assist parties in identifying issues, solutions, and alternatives, always keeping in mind the best interests of their children when children are involved," according to the 19th Judicial Circuit, which includes St. Lucie County. There is a courthouse in Port St. Lucie.
The mediators objective during the session is to help the spouses reach a mutually acceptable agreement on disputed issues.
Who Uses Port St. Lucie Divorce Mediation?
A judge in Port St. Lucie will order you to divorce mediation if you and your spouse have a contested divorce. A divorce is considered contested if just one of the following conditions is met:
- You have children under the age of 18 or one on the way
- Either you or your spouse dont really want the divorce
- You and your spouse cannot agree on the terms of your divorce
Although every divorce is unique, disagreements commonly crop up when discussing the following topics:
- How to divide the property and debt
- Whether one spouse will financially support the other, and, if so, for how much and how long
- Who will get custody of the children and what will visitation be like for the other spouse
- How much child support will the noncustodial parent pay
Whether you live in Southland Lakes or St. Lucie North or any other part of Port St. Lucie, you are sure to touch on all of these topics during your Port St. Lucie divorce negotiation. Although mediation is supposed to be less formal and more low-key, your attorney should still accompany you. This is because mediators are not allowed to offer legal advice. Only your attorney can do that.
Any area upon which you and your spouse cannot agree will have to be raised at a trial where the judge will make the final decision. Because of this, mediation is a way for you to keep control of how your life will look post-divorce.
Port St. Lucie Divorce Mediation Process
From the point a judge in St. Lucie County orders you into divorce mediation, you will have 10 days to find a mediator and 60 days to complete the process. All mediators must be certified by the Florida State Supreme Court. The Florida Supreme Courts Dispute Resolution Center provides names of certified mediators. If you and your spouse cannot agree upon a mediator, the court will appoint one for you.
If you are unable to reach an agreement in any area, the mediator will report that to the court and the appropriate court hearings will be scheduled.p>Divorcing couples in Port St. Lucie may want to consider collaborative divorce mediation. In collaborative mediation, both sides hire attorneys just for the mediation. Should the couple not come to an agreement on the contested issues, they would then hire new attorneys to proceed through the courts.
This allows the negotiation process to go forward unhindered by attorneys who will simultaneously have to prepare for a court trial. It also sets the tone for a friendly, more positive future relationship between the divorced spouses.
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