Florida Divorce Law…Mediate or Litigate?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In the State of Florida, and Palm Beach County in particular, all parties to a divorce must attend a mediation session in an attempt to settle their divorce issues prior to going to trial. Approximately 70% of divorce cases settle in mediation with the result being a marital settlement agreement signed by both the husband and the wife.

Judges prefer to lighten their caseload this way.  And they don’t have to micro manage the affairs of a family.  It is always best when the parties themselves determine their futures.

However, some cases just cannot settle.  Usually it is the complex ones that a frought with emotion.  Like who should spend the most time with the children. Some common disputes include differences of opinion over what something is worth, like a family business or a marital home; what a spouse’s income truly is for purposes of child support or alimony calculations; whether something is marital or the separate property of one spouse or the other; whether parents gave the divorcing parties a gift or a loan. 

These are just some examples of issues that may not be able to be settled in mediation.  If one party wants to settle and the other party wants to go to trial, off to the courthouse you both go.   Trial is expensive and requires countless witnesses and documents.  Settling and moving on with one’s life is a better alternative.  If you are thinking about getting a divorce in Palm Beach County, call one of the experienced divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835-9091 or click on the Firm’s web site at www.familylawwpb.com for more information.  At the Firm we do settlements, trial, and even appeals.


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