FAQs Archive - Page 3 of 4 - Divorce Attorney Weston Florida

Q: Why is Mediation less expensive than divorce?

You do not pay for 2 lawyers, only one mediator. Mediation allows for the minimum of court intervention.

Q: Is Mediation Confidential?

Mediation is confidential. Should you choose divorce after attempting mediation, no information conveyed during the mediation can be divulged in court. Both parties sign a disclaimer that they understand how the process works.

Q: What is the role of a Family Mediator?

A Family Mediator is a facilitator that acts as a neutral party. They do not represent either party. Both parties are always present. They dictate their goals to the mediator. A mediator asks questions and provides options without giving legal advice. The mediator prepares the agreement.

Q: What are reasons for choosing Family Mediation?

Mediation is less expensive than divorce. With mediation, you do not retain a lawyer. Mediation allows the both of you to make important decisions instead of leaving it up to a judge.

Q: Are we a good fit for Family Mediation?

If you and your spouse can work together. If you both make decisions based on the best interest of the children and are committed to maintain that relationship for the children you are good candidates for Family Mediation.

Q: We want to get divorced amicably; what are my options?

There are several options. A settlement agreement can be reached through negotiations between the attorneys, or your attorneys may consider it necessary to go to mediation. There is also the collaborative process where spouses and their lawyers with special training in collaborative law commit to settle all their differences out of Court. It is best to consult with an attorney to decide which option is the best for you.

Q: Who pays the lawyers?

Generally, each spouse pays the initial retainer to his or her own lawyer. If you are the spouse in need of financial help, your attorney can request temporary support for you and also attorney’s fees to help cover the costs of your representation. Same as alimony, awards of temporary attorney’s fees are based on your need and your spouse’s ability to pay.

Q: Will my spouse be obligated to support me after divorce?

It depends. Alimony is based on your need and your spouse’s ability to pay. We do not have “alimony guidelines” in Florida, that is why it is so important to have competent attorneys representing you. There are several factors that the Court will consider when granting alimony, such as the length of the marriage.

Q: Can I move with my children after the divorce?

Unless your former spouse agrees to it, you will need to file a petition for relocation if you want to move with the child(ren) more than 50 miles away from the other parent’s residence.

Q: Can I get "full custody" of my children?

The new language for “full custody” is “sole parental responsibility.” Most parents in Florida have shared parental responsibility. In order to obtain sole parental responsibility, you will have to prove to the Court that shared parental responsibility is detrimental to your child(ren).

(954) 389-3337 | Liliana@divorceattorneyatweston.com