Frequently Asked Questions

No, we conduct mediations via Zoom only

Mediation is a voluntary and informal process designed to help parties reach a mutually acceptable resolution. As mediators, we do not have authority to make decisions or impose settlements. Our role is to facilitate discussions and assist in negotiations. We will not provide legal advice, testify in any future court proceedings, or represent your case in court.

The duration of mediation sessions can vary considerably, influenced by factors such as the nature of the dispute, the involvement of legal counsel, and whether the parties intend to address the full matter in a single meeting or through successive engagements. most sessions generally extend from two to six hours.

Add an At Orange Grove Mediation, our approach to divorce mediation mirrors the process used in various civil matters, but with a focus on family dynamics. You'll join your spouse in a secure, private space alongside one of our skilled mediators, who guides you both toward mutually agreeable solutions on the core elements of your separation. Common areas we cover in these sessions include:

• Child-related decisions, such as shared parenting duties and scheduling time with your kids
• Balanced splitting of shared assets and financial obligations from the marriage
• Potential spousal maintenance, figuring out if it's needed, how much, and who pays
• Support for children, typically computed using Florida's statutory guidelines
• Other unique matters that you and your spouse want to tackle

Our mediators are flexible—they can facilitate group discussions, hold private chats with each person, or shuttle between rooms as needed. Sessions might wrap up in one go or extend over several, based on your initial timeframe and how swiftly progress unfolds. to this item.

What sets divorce mediation apart from other types? Court oversight is non-negotiable here. Even with a full agreement, a judge must officially approve and finalize the divorce—you can't just sign and call it done. That said, Florida simplifies things for unrepresented couples who've sorted everything out amicably.

Remember, you don't have to hire a lawyer to start the divorce process. However, our mediators at Orange Grove even those with legal backgrounds won't serve as your attorney or offer personalized legal guidance on the case.

Confidentiality is a key element of mediation. We treat all information shared before and during mediation as confidential, except where disclosure is required or permitted by law. You and any other participants must also keep all mediation communications confidential. Breaching confidentiality may result in remedies. As part of our commitment, we will not voluntarily testify in court, and anyone who subpoenas or compels a mediator's testimony will be responsible for the mediator's related legal fees, expenses, and time.

Before finalizing a divorce, both parties must fully disclose financial information to each other and the court, covering four main categories: income, debts, assets, and expenses. We can assist in preparing financial affidavits if you select the Full Service Package. It's helpful to start gathering this information now, such as by running a credit report, and bring any relevant documents to mediation. If there are minor children involved, we require the income and debt sections of the Financial Affidavit to be completed by each party prior to mediation. 

Participation is typically limited to the husband/father and wife/mother. If both parties agree, others who are integral to the process may attend, but this should be arranged at least 24 hours in advance. Children should not be brought to the mediation session.

No. In Florida, mediation operates on the foundation of self-determination, meaning that you and the other involved parties have full authority to determine if an agreement is reached and, if so, its specific conditions. Should no consensus be achieved, no settlement occurs, and the matter proceeds to litigation for resolution.

Note: Settlement should not be viewed negatively. While there is no requirement to agree, it is advisable to thoughtfully evaluate the option. Mediators, along with your legal counsel if retained, often highlight compelling advantages of resolving the issue through mediation rather than risking an unpredictable court outcome.

Key factors frequently motivating parties to settle include:

• Lowered expenses related to attorney fees and other costs
• Expedited resolution, often within hours as opposed to protracted months or years in court
• Significant emotional relief from finalizing the dispute, rather than allowing it to linger
• Securing at least partial desired results, in contrast to potentially receiving nothing if adjudicated by a judge
• The opportunity for innovative solutions that address broader concerns, extending beyond the limited remedies a court might impose

Ultimately, the choice of whether to settle—and on what terms—lies exclusively with you and the counterparties.

That is entirely your choice, no lawyer is required but they certainly may attend mediation with you

Should a valid and enforceable premarital agreement exist (commonly referred to as a "prenup"), its provisions would typically govern the equitable division of marital assets and liabilities, alimony arrangements, and related matters during a divorce, subject to specific exceptions (refer to, for instance, Florida Statutes § 61.079, "Premarital Agreements"). However, as outlined in subsection (6) of that statute: "AMENDMENT; REVOCATION OR ABANDONMENT.—After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration." We recommend consulting with an attorney if you have any inquiries regarding these details.

In the absence of such an agreement, the decision rests with both parties:

If you mutually concur that the prenup is binding, align on its interpretation, and choose to incorporate its terms into your Marital Settlement Agreement for an uncontested divorce—or if you jointly decide to set aside or nullify any provisions—we would be pleased to provide support

What other expenses should I anticipate?

When pursuing an uncontested divorce in Florida, you will incur certain extra fees payable to relevant authorities or service providers. These expenses are outlined below and are separate from our package pricing.

Consulting Fees: We recommend that both parties seek advice from attorneys and/or tax experts before finalizing the Marital Settlement Agreement.

Circuit Court Filing Fee: Irrespective of the chosen package, you are obligated to pay the filing fee to the court handling your marriage dissolution. For instance, the Clerk of the Circuit Court in Hillsborough County currently imposes a $408 fee for such cases.

Parenting Class: Florida requires parents divorcing with minor children to complete a compulsory 4-hour course on parenting during divorce. Although your case can proceed to filing, no Final Hearing will be scheduled until both individuals submit completion certificates. Locate approved providers here. Navigate to the relevant Circuit Court or County section for available options. The course typically costs around $40 per person. Note: Selecting or having completed a non-approved program for your specific Circuit Court could postpone your hearing until an acceptable course is finished by both parents, as determined by the presiding judge.

Preparation of Complex Legal Documents: Every family's situation is distinct. Should your Marital Settlement Agreement necessitate specialized documents—like a Qualified Domestic Relations Order (QDRO, for splitting specific retirement or pension assets), a quit-claim deed, or a special needs trust—these fall outside our mediation and standard document services. We can refer you to external legal professionals or resources for their creation, and you will bear the associated costs.