Sometimes at mediation, our Florida Supreme Court Certified Mediators at Mediation of Coral Springs, Inc. deal with spouses who are more than unable to see the so-called “forest through the trees.” By using this analogy, the real issue becomes one spouse who is too willing to give up almost everything to get their way on the one issue that is most important to that person.
In every divorce case, there are normally several issues, with one of one the most emotional ones being visitation (which in Florida is known as time sharing and the child support obligation that is associated with that schedule.
So, when spouse(s) begin to ignore their financial issues solely to obtain a time sharing schedule that he or she desires; it makes the resolution of issues take place in a much quicker fashion – but that doesn’t mean that their mediated settlement agreement is truly fair to one or both of the spouses.
Our Florida Supreme Court Certified Mediators at Mediation of Coral Springs, Inc. have found that when one or both spouses ignores their finances while at the same time balancing their time-sharing issues, they begin to make themselves financially vulnerable once a Florida Family Law Judge enters a Final Judgment of Dissolution of Marriage.
Florida Statute § 61.075 which makes it clear that Florida is an equitable distribution state. As an equitable distribution state, the court is guided by principles of equity which means that both the husband and wife should be treated in a fair manner when dividing assets and liabilities. In most cases, the parties should leave the marriage with a similar amount of their marital assets. However, at mediation, the two spouses can divide their assets in any manner which they agree upon and a Florida Family Law Judge really has very little choice but to ratify and approve the spouses Mediated Settlement Agreement with respect to the division of marital assets. On the other hand, a Florida Family Law Judge is required to review an agreed upon Parenting Plan and make an express finding that the terms of Parenting Plan are in the best interest of the parties’ child(ren).
While it is understandable that the best interest of the children are the parents main concern while going through a divorce; each spouse also needs to pay attention to their finances because they are also very important. Once the divorce is final, each spouse has to be able to support their own household, which can be difficult if one of the spouses has been out of the workforce some period of time or has only work menial jobs in the past.
If you mediate you Florida Family case with our Florida Supreme Court Certified Mediators strive to make certain that both spouses understand the total amount of marital assets and liabilities the each will receive if they sign a Mediated Settlement Agreement that contains how they have divided their assets and liabilities.