Advantages And Disadvantages Of Divorce Mediation In Miami, FL

by | Jul 1, 2021 | Divorce Attorney

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Divorce Mediation Miami, FL is a legal hearing in which the couple utilizes to prevent a trial. It consists of making decisions about finances, marital property, saving accounts, and child custody. A spouse who is entitled to maintenance may initiate this right during mediation. The couple may discuss educational plans for children such as college or whether to continue to allow the child to attend the public school in which he or she did during the marriage. Child-support payments are also a subject discussed at this time.

Advantages of Divorce Mediation Miami, FL
Mediation, when successful, eliminates the high costs associated with a divorce trial. It allows the couple to sit down and discuss each term of the agreement and gain a better understanding of the implications. The attorneys explain the laws which govern each concept and allow each spouse to comprehend what is expected of them and to enable them to make clearer choices. It eliminates confrontation in front of the children or the public. This hearing or meeting is completely private and only involves the spouses and their respective legal counselors.

The Disadvantages of Divorce Mediation Miami, FL
It is not always successful. When the divorce grounds are linked to domestic violence or other occurrences when anger is not well-controlled, mediation is not the best route to take. It does not present a situation that could prevent a sudden change in demeanor in which the violent spouse becomes abusive. Security is not traditionally called in during mediation. When a divorce is contested because one of the spouses does not want to acquire a divorce, mediation could just present a potential hostile environment in which nothing is accomplished.

Orders of Protection and Divorce Mediation Miami, FL
When an order of protection is initiated in a divorce, the judge upholds the terms to keep the petitioning spouse and his or her children safe. However, in mediation, it is likely that the spouse who acquired the order will wish to continue with its terms after the divorce is final. This is another subject addressed in mediation in which adjustments are made as needed. If the opposing spouse violated any of the terms of the court order, this could provide his or her spouse with leverage, as the court frowns upon violations. This leverage can assist in acquiring an approval from this offending spouse and finalize the divorce.

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