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Choosing to separate from your spouse is a big decision. With legal separation, undergoing a process that is founded on communication and understanding is extremely important to protect your interests as well as your future as a separated couple. Mediation offers a way for effective, collaborative separations, guided by an experienced Florida separation mediation lawyer.
Shore 2 Shore Mediation offers a deep knowledge of Florida’s separation and divorce process while still focusing on what is right for you and your spouse. We are a Florida Supreme Court-certified mediator, and we are also certified for New Jersey, allowing us to handle Snowbird separations as well as single-state separations. Our skilled team of Florida separation mediation lawyers, led by Brad M. Micklin, can work tirelessly to help you achieve a smooth separation.
Separation may be the right option for couples who wish to live separately but are still looking to stay legally married, whether for financial, cultural, or family reasons. Between 2000 and 2022, the percentage of couples deciding to live apart grew over 40%, though this was not always due to legal separation.
Unfortunately, Florida does not recognize legal separation. Despite this, there are legal avenues to support a separation in Palm Beach. Some options include an informal separation agreement or a postnuptial agreement.
A separation agreement is an informal agreement that outlines key terms of the separation. Because this is an informal process, collaboration between both parties is needed. A Florida separation mediation attorney can help you negotiate these terms and draft a separation agreement that is mutually agreeable. Some key points that can be addressed through a separation agreement include:
Postnuptial agreements, or postnups, are another option for separating couples. Unlike informal separation agreements, postnups are formal, legal documents that are legally enforceable. They serve a similar purpose to a prenuptial agreement, but they are created after the marriage. While postnups can be personalized to address a variety of concerns during a separation or in the case of a divorce, they are often used when determining ownership and division of property.
Because legal separation is not an option under Florida’s separation mediation laws, many couples will instead choose a mediated divorce. This allows you to make decisions about asset and debt division, child custody, spousal support, and other issues that may not be fully addressed through separation.
Many people choose divorce over an informal separation, with a divorce rate of 3.0 per 1,000. One reason many couples choose separation instead of divorce is to retain their personal relationships and avoid conflict. This is still possible with a divorce. A mediated divorce encourages preserving personal relationships by emphasizing respect and collaboration during the process. This way, your divorce doesn’t harm the amicability you have.
Because Florida’s separation mediation laws don’t officially recognize legal separation, it can be challenging to achieve the outcome you want. A Florida separation mediation lawyer can help you seek agreements and documents that protect your assets and align with your goals while also remaining legally married. A lawyer can also act as a mediator in a divorce if you choose to move forward with a full divorce, rather than a separation.
In a separation mediation case, a mediator acts as an unbiased third-party during discussions. They can facilitate communication and make suggestions for potential solutions to conflicts, but they do not make the final decision about your separation. Instead, you and your spouse retain control over the solution and can create a unique, fully customized plan that works for you.
If you hire a separation mediation lawyer, you are choosing a separation process founded on mutual understanding and collaboration, rather than working against each other. A lawyer can encourage cooperation when deciding the terms of your separation. Then, they can help you draft legally enforceable agreements.
The golden rule of mediation is to treat your spouse with the respect and empathy you want in return. Taking steps to act with respect is essential to achieving mutual understanding during the separation and divorce process. If you hire a separation mediation lawyer, they can foster an environment of fairness and compassion, allowing you and your spouse to have good-faith discussions founded on the golden rule.
The money that can’t be touched during a divorce includes funds acquired before the marriage, inheritances, and personal gifts. To remain separate, this money must not have been commingled with marital assets. Additionally, money in accounts, investments, or other assets cannot be touched if that was agreed upon in a prenuptial or postnuptial agreement.
One potential downside of a separation mediation case is that there is no guaranteed outcome, potentially causing you to eventually go to court or retry an alternative dispute resolution method. Additionally, mediation may not be effective for all cases. Mediation can be unproductive or unsafe in cases where there is a history of abuse, large power imbalances, or one party who is unwilling to collaborate and negotiate.
Mediation is a collaborative, communication-focused separation process that allows you to create customized agreements that both you and your spouse agree on. Additionally, because mediation sessions are facilitated by a mediator, you benefit from having experienced legal guidance without losing control over the terms of your separation. Ultimately, mediation offers an effective and efficient separation process between you, your spouse, and the mediator.
Choosing to separate from your spouse can be a challenging decision. It can leave you feeling overwhelmed and unsure about your next steps. Contact Shore 2 Shore Mediation to learn how a Florida separation mediation lawyer can help you protect your family, financial interests, and personal relationships during your separation.
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