When Divorce Mediation May Be Necessary AFTER Divorce
Following a successful divorce mediation, it is rare for couples to require mediation post-divorce. That said, it is not unheard of. Sometimes, major changes may necessitate the need for professional intervention. Some of those changes might be centered around loss of income, change in income, one spouse’s relocation, an illness, or even a new relationship. If you and your former spouse have arrived at a point in which post-divorce mediation may be necessary to overcome your differences and find a new happy post-divorce, the Boca Raton family mediation attorneys at Law Offices of David L. Hirschberg, P.A. are ready to help.
Common Reasons for Post-Divorce Mediation
As we already mentioned, post-divorce mediation is not common, as once a couple has gone through mediation, most issues are generally settled in a satisfactory matter. That said, life is full of surprises, some good, some bad. Most couples that come back to us typically do so for one or more of the following reasons:
- To Modify Support Orders: Under Florida Law, child support orders may be modified when there has been a “substantial change in circumstances.” “Substantial change” refers to the loss of a job, a decrease in income, an increase in income, or an increase in child-rearing expenses. The same goes for alimony support orders in Florida—if you can prove a substantial change in circumstances, you may be able to significantly modify the amount you owe or receive. That said, the best way to get orders modified is to talk with the other party. If you and your spouse had an amicable divorce, you may be able to discuss via mediation your changed circumstances and come to a new, agreed-upon amount. If you have trouble reaching an amount that is fair to you both, your Boca Raton family mediator may help with the recalculation to negotiate an amount that is fair to you both.
- To Change the Child Custody Agreement: Child custody agreements can be modified as well. However, in addition to looking at a substantial change in circumstances, the judge also looks for a substantial change in the child’s best interests. What your child needed ten years ago may not be what he or she needs today, and the parent you or your spouse were five years ago may not be the parent you are now. If you think that you deserve more time with your child, or that the time your child spends with his or her other parent is not in his or her best interests, schedule an appointment with an attorney to discuss your options. You and your former spouse can also agree to go straight back to mediation. A mediator can help you and your former spouse negotiate a parenting schedule that is suitable for you now and that is adaptable into the future. This new parenting plan can also address issues you may not have needed to address before, such as new love interests, relocation, and the changing needs of your child.
- To Amend the Marital Settlement: While certain provisions of a mediated divorce settlement are not subject to modification, there are many provisions contained in a mediated divorce settlement which may be modified at any point in the future. If you and your spouse have decided that an amendment is necessary, let a professional assist in drafting the new document.
Another instance in which a couple may require post-divorce mediation is when a couple went through a long, drawn-out, and contentious divorce, which ended in a ruling from the court. Divorce without mediation is often unsuccessful, or at least in terms of coming to a fair settlement that both parties are satisfied with. Also, some couples cannot get over their differences until long after the divorce has been finalized, at which point they realize that the orders they have been living by may not be in the best interests of themselves or their children. A divorce mediator can help them “redo” their divorce, so to speak, and to achieve a much more favorable outcome.
Call a Boca Raton Divorce Mediator
Divorce mediation is not just for couples who are going through a divorce—it can also be a useful tool post-divorce. If you and your former spouse have additional issues to work through after your divorce is final, reach out to the Boca Raton family mediation attorneys at Law Offices of David L. Hirschberg, P.A. We can help you work through your issues in an amicable manner and ensure continued satisfaction with your new single life.