Can You Mediate a Divorce Without a Lawyer in Florida?
If you and your spouse are considering divorce mediation, a common question you might be asking is whether you can go through the process without a lawyer. So, can you mediate a divorce without an attorney in Florida? Simply put, yes. You are not legally obligated to hire an attorney for divorce mediation. However, there are important considerations to keep in mind before choosing to proceed without an attorney.
Understanding Divorce Mediation
Divorce mediation is a process that involves the spouses having a structured discussion with the help of a trained, impartial third party called a mediator. A mediator’s role is to help the couple communicate, understand each other’s perspectives, and reach a fair and mutual agreement. A mediator can help you agree on all divorce-related matters, from dividing property to sharing time with the kids. And the best part is that mediators do not make the final decision. The final decision is up to the couple. This empowers couples to shape their own outcomes.
Can You Mediate a Divorce Without an Attorney?
As mentioned at the beginning of this article, it is possible to mediate a divorce without an attorney in Florida. Florida law does not require that you have a lawyer present during divorce mediation. Many people participate in divorce mediation without an attorney and succeed, especially if the parties do not need legal advice but need assistance in working out a settlement.
However, while it is possible to mediate a divorce without a lawyer, this does not mean that you should do so or that it is advisable. It depends on your situation.
Pros and Cons of Mediating a Divorce Without an Attorney
While it is possible to mediate without a legal representative, it is not always the best choice, but in some cases it may be. While there are some pros associated with mediating a divorce without an attorney, there are also some cons.
Pros of Mediating Without an Attorney
- Lower Cost
Cost is the biggest reason people choose not to mediate a divorce with an attorney. Not hiring an attorney can save you a significant amount of money.
- More Control
Another major reason couples skip hiring an attorney for divorce mediation is so they can maintain full control over the decisions they make during the process.
Cons of Mediating Without an Attorney
Mediating a divorce without an attorney presents some risks including the following;
- Mediator is a Neutral
A mediator cannot provide either spouse with legal advice. They are required to remain neutral and will assist you in working through the issues. An attorney can provide legal guidance and can determine if the agreement is in accordance with the law and in your best interest.
- Your Attorney is your Advocate
An attorney will make sure that your agreement covers all issues in your case and advocate on your behalf. Your attorney can argue to the mediator legal points your attorney believes are important and possibly help you get a more favorable resolution.
Even if you are trying to keep costs down, you should at least consult an attorney for pre-mediation advice. That way, you can still save money while protecting your legal rights.
Contact a Mediation Lawyer
Need help with your Florida divorce mediation? Our experienced mediation lawyer at Darla K. Snead, P.L., can guide you through the process. Attorney Darla K. Snead Dulin is also a Florida Supreme Court Certified family and civil mediator and can act as a mediator in your case, whether you have an attorney or not. Whether you are looking for an attorney for legal representation or a mediator as a neutral third party, contact us today.
