OSCAR FRANCO MEDIATOR V2.png
DIVORCE MEDIATION
Back to Mediation
Distanced Couple
Couple Staying Home

When we say that we wish you never need to use our services as divorce mediators, It is because we understand that getting a divorce is one of the most traumatic events that one can suffer in life. There are studies that show that the emotional pain of a divorce can be compared to that of losing a loved one, so we insist that, if the decision is made to divorce, the most logical thing is to use the process of mediation. All couples are different in managing their family dynamics and know what is best for them and their children.

 

Mediation allows them to determine the future relationship, no longer as spouses but as divorced. When divorcing, a new relationship is born between the couple, especially if they have children, so they have a common bond that will last a lifetime.

The mediation process is intimately linked to the cultural diversity of the couple involved in the conflict. We live in the United States, but the dynamics of the Hispanic married life is particular to our culture.

The word divorce is commonly associated with the arduous court battle, which destroys the family as it quickly turns into a fight fueled by the couple's anger, frustration, and the attorney´s power struggle. All of this unnecessarily prolongs the process and increases the emotional damage and financial expenses. Mediation transforms the court's negativity into the positivity derived from resolving the conflict amicably.

FREQUENTLY ASKED QUESTIONS

What is the family mediation process? 

Family mediation is the best process for a couple to get a divorce without the trauma, stress, anguish, conflict, and heavy expenses that are part of the divorce trial. In the mediation process, couples who want to divorce, settle their differences with the help of the mediator. In divorce mediation, the spouses jointly decide the solution that is acceptable to both.

 

What is the role of the mediator?

My role as the mediator is to facilitate and guide the parties to reach an agreement. Mediators do not act as judges; I do not represent either party. I am neutral and impartial. I am neither the husband’s nor the wife´s mediator, I facilitate the mediation process. I do not act as an attorney but as a mediator and as a mediator I can provide legal information and suggest solutions and strategies for the couple to reach mutual agreements. The decision is up to the spouses.

 

In mediation, who decides the terms and agreements that will govern our divorce?

 

In mediation the spouses are free to decide by mutual agreement how they will share the time with their children (Parenting Plan), provide the required information to calculate the child support guidelines, the division of the couple´s assets and debts and the post-divorce spousal support (Alimony), if applicable.

We provide relevant legal information, suggesting solutions and strategies for the couple to reach mutual agreements. The decision is up to the spouses.


What is the difference between mediating or litigating my divorce?

The anger, stress as well as the trauma, that affect the couple as well as their children are strong components of a divorce fought (litigated) in the courts, continuing over time all too frequently.  A peaceful divorce sounds utopian and contradictory, but it is quite possible to do so, enabling the divorced couple to share their lives with their children, in the best possible way. Sadly, because of a litigated divorce, the divorced couple become enemies forgetting that even though they stop being husbands and wife, they continue to be the father and the mother of their children.

 

The mediation process and the family law

 

When the divorce is being litigated in court, the judge decides according to the law in favor or against one of the two, in other words the judge decides who wins and who loses.

In mediation, the spouses decide how they will resolve everything related to their divorce. Naturally, their decision must follow the requirements of the law. Nobody wins, nobody loses, they reach agreements that mutually benefit them.

 

What happens if the couple is not fully convinced to divorce?

Unfortunately, many couples are disappointed in their married life, and they decide to divorce.

At Peaceful Divorce, the first question we ask the couple if there is a possibility of reconciliation. If so, we suggest that they exhaust all resources to resolve the couple´s differences. However, if reconciliation is impossible, mediation is the best process to dissolve the marriage. 

 

My spouse does not want the divorce. What can I do?

Florida is a no-fault divorce state, which means that if a couple no longer gets along they can file for a dissolution of marriage. A spouse may file for a divorce without his or her spouse having committed any fault. In Florida, the divorce petitioner asks the court that the dissolution of the marriage should be granted because the marriage is irretrievably broken. 

What are the requirements to petition the dissolution of the marriage in Florida?

The requirements for filing for divorce in Florida include:

1. The petitioner states that has lived in Florida for at least six months before filing the Petition of Dissolution of the marriage.

2. The petitioner must state that the dissolution of the marriage should be granted because the marriage is irretrievably broken

3.  One of the parties has been adjudged mentally incapacitated for a period of 3 years prior to the filing of this petition.  

 


What are the services and professional fees at Divorcio Pacifico?

 I have experience handling cases that are considered simple as well as extremely complex. At the free consultation meeting, I explain the mediation process to the parties, so that they can understand how divorce mediation works. On the other hand, at the meeting, I gather information from the couple that helps me ascertain the complexity of the case. Our services include the mediation of the divorce, until a final agreement is reached, drafting of the divorce agreement, preparation of the parenting plan, child support and all the forms required by the court, duly notarized.

 

How much does it cost to file for divorce in Broward County?

A Notary Public is available. Professional Assistance will file the signed petition to the appropriate courthouse along with court filing fees. The Broward County Courthouse requires a filing fee of $409 in the form of a "money order", payable to the Clerk of Court.

Source Broward County clerk of Courts

 

How do I find divorce records in Broward County?

Divorce Records. Copies of a final judgment of dissolution of marriage filed in Broward County are available from the Broward County Records Division www.broward.org. You may obtain the Official Records book and page number by searching the Official Records online.

Source Broward County clerk of Courts

How long do you have to be separated in Florida to get a divorce?

Only ONE of the parties to the marriage must have resided in the State of Florida for 6 months prior to filing for divorce.

Source Broward County clerk of Courts

How do I find out the status of my divorce in Florida?

To access the records of a divorce cases in Florida, visit the website of the Clerk of the Circuit Court in the specific county where the case was heard. The website of Florida Courts provides a list of links to the websites of all Circuit Courts in Florida

Source Broward County clerk of Courts

 

Why is mediation used?

Advantages include the following:

•    An opportunity to cooperate for the best interests of all parties

•    A less expensive resolution than a trial since expenses involved in trial preparation (such as witness and evidence subpoenas and other fees) can be avoided or minimized

•    Disputes can be resolved in a timely manner with only one court meeting

•    The agreement is final when both parties agree that the settlement is fair

•    This agreement must be signed and will be incorporated into a Final Judgment

•    Privacy for both parties is protected by avoiding the publicity of a trial

 

Source: Clerk & Comptroller, Palm Beach County

www.mypalmbeachclerk.com