Some spouses litigate the terms of Florida divorces specifically because they do not trust each other. People worry that their spouse might try to take advantage of them by denying them their fair share of the marital estate.
Florida generally requires a fair or equitable distribution of both marital property and marital debts during litigated proceedings. However, spouses potentially have the option of setting any terms that they both agree are appropriate outside of court.
Mediation is one of the ways that divorcing couples take control of the divorce process and obtain specific terms. Is it possible to receive a fair portion of the marital estate in mediation?
Spouses can prioritize what is fair to them
Technically, mediation is only successful if spouses reach an agreement and sign binding documents at the end of the process. If the spouses cannot reach an amicable solution regarding the division of marital property and debts, they may move forward with litigation instead.
That being said, mediation can help spouses achieve an appropriate property division outcome. They can talk at length about personal matters that should influence property division decisions. From the money spent on an affair to funds wasted on alcohol or shopping sprees, spouses can bring things up in mediation that they may not want to discuss in open court.
In theory, those open and confidential discussions can pave the way to a reasonable and fair property division outcome. Unfortunately, the possibility is always there for one spouse to abuse or manipulate the process.
Without formal discovery and court approval, mediation does leave one spouse vulnerable to the intentional misconduct of the other. In scenarios where there are concerns about dissipation or hidden property, mediation may not be the best solution. Spouses can potentially avoid accountability for deception and misconduct by avoiding formal financial disclosures. In scenarios involving high-value marital estates and an elevated risk of misconduct, settling via mediation may not be the best solution.
Some spouses can achieve a fair outcome for property division matters during mediation. Others may leave themselves vulnerable and at risk of losing assets to which they might have a valid claim due to the misconduct of a spouse. Reviewing initial financial records with a skilled legal team can give people a better idea of whether divorce mediation might be a viable choice given their circumstances.