Tag Archives: Divorce Mediation

A House Divided: Splitting the Marital Residence in Divorce Mediation

The “Marital residence” is a term used in divorce law to refer to the property where the couple resided together before the breakdown of the marriage. Since the marital residence is often the most valuable asset and a mortgage is often the largest liability, deciding which party keeps the marital residence can be one of the most difficult decisions a couple will make in a divorce. Unlike a bank account, a house cannot be divided in half. For this reason, we often pay special attention to structuring how the marital residence is accounted for in equitable distribution. In a divorce,...Read More

The Importance of Full Financial Disclosure in Divorce Mediation

In almost all divorce cases in Florida, an agreement that’s reached in mediation will be binding upon the parties. This is true even if the agreement is unfair and even if the agreement is grossly unfair.  Parties in mediation are required to have exchanged full and fair disclosure, complete  financial affidavits, and in some cases seek the advice of attorneys. Florida is a contract state. A contract that is fulfilled with full financial disclosure with or even without the advice and consent of attorneys is one that’s probably will not be set aside. This is true even if one of...Read More