Suppose you and your spouse had an amicable divorce, but you never documented a detailed, holiday visitation schedule in writing, and suddenly your spouse is requesting to keep your kids for the majority of the holidays. You are uncomfortable spending so much time away from your children and dislike how your spouse is essentially bribing your kids to stay by promising lavish vacations. You are left wondering, “Should I take my spouse back to court to settle this matter once and for all?”
At Divorce & Mediation Law Firm, our divorce attorneys frequently see the same scenario: well-meaning clients whose original plan was to keep their post-divorce agreements to themselves. While your divorce case may be complete in the eyes of the court, life will consistently throw challenges at you, and you will need to adapt.
If you want to clarify things that were ambiguous and not working, or add issues that were not dealt with in the original divorce settlement, through new, mediated documentation, contact the divorce attorneys at Divorce & Mediation Law Firm | Cabanas Law Firm of Pembroke Pines, Weston, and Sunny Isles Beach, Florida.
How Does Post-Divorce Mediation Work?
If the terms of the divorce or family law agreements cannot be followed, a new agreement should be negotiated to avoid the penalties of non-compliance. When both former spouses are arguing over modifications, post-divorce mediation can help find common ground for a settlement. When this occurs, the former spouses will meet with a neutral third-party mediator, along with their respective attorneys, to draft a modification agreement for the court to approve, thereby avoiding costly litigation.
In general, a post-divorce mediation will proceed as follows:
- Examine the facts
- Recognize the parties’ desires and needs
- Recognize areas of agreement
- Determine the points of contention
- Determine settlement options
This path is less contentious than taking your spouse to court and presents an opportunity to find common ground and come to an agreement without resorting to expensive court litigation.
What Does a Post-Divorce Mediation Lawyer Do?
The divorce attorneys at Divorce & Mediation Law Firm work to achieve an amicable and legally binding agreement between you and your former spouse. Post-divorce mediation can end in one of the following three ways:
When it comes to enforcement, full compliance with your agreements is the goal since no one wants to deal with the penalties of non-compliance.
Your mediator will facilitate the discussion between you, your spouse, and your attorneys. You will examine why your spouse is not adhering to the court order or the unwritten rules you had already put into place.
If both parties approve of the original verbal agreement, it will be added as an addendum to your final agreement and filed with the court.
Depending on your case’s unique circumstances, modifying your previous court order might be the best compromise for both parties.
For example, if you want to change your visitation and child custody rights, you will want to pursue modification and have the changes legally documented. A court order will incorporate this new agreement, making it lawfully enforceable.
If you feel that you or your children are unsafe around your spouse and cannot risk trying mediation, you should remove your family from the dangerous situation and return to court to sever your ties.
The attorneys at the Divorce & Mediation Law Firm assist with domestic violence cases and will strive to keep you and your family safe.
Why Should I Contact a Post-Divorce Mediation Attorney Instead of Taking My Case to Court?
Why spend more on costly litigation fees when you could save money by working with a post-divorce mediation attorney from the Divorce & Mediation Law Firm? In addition to saving money, working with a post-divorce mediation attorney can lead to a stronger parenting relationship between spouses.
The divorce attorneys from Divorce & Mediation Law Firm primarily focus on family law cases and have observed that former spouses who work well together typically maintain a sense of familial unity for their children.
Successful mediation also gives you a sense of control over your life. After all, if you choose not to pursue post-divorce mediation, you are essentially handing over the reins of your case to your judge. Does gambling your future on your judge’s determination sound appealing? If you decide to pursue post-divorce mediation or have any questions about the process, contact our law office today.
Divorce & Mediation Law Firm | Cabanas Law Firm:
Divorce Attorneys in Broward & Miami-Dade Counties
If you need assistance with post-divorce mediation issues in Florida and are looking for a “divorce attorney near me,” the divorce attorneys at Divorce & Mediation Law Firm | Cabanas Law Firm are passionate about helping people protect their children and assets during divorce and other family law matters. Life’s too short to be in the wrong relationship. Call us at (954) 447-2580 or complete our online form today to schedule your confidential consultation. At Divorce & Mediation Law Firm, we Settle where we can. Fight when we must. We have offices in Pembroke Pines, Weston, and Sunny Isles Beach, Florida.