The post How Divorce Mediation Works in Florida appeared first on Tampa Divorce Lawyers | Quinn & Lynch, P.A..
]]>A neutral third party facilitates the discussions between the divorcing spouses. The Florida divorce mediator does not make decisions during the Florida divorce process. They assist in communication, provide guidance, and help both parties explore potential solutions. One of the major benefits of divorce mediation is that mediation remains confidential in Florida. If your divorce goes to court, the judge will not admit information you discussed during mediation sessions. To learn more about confidentiality, visit why would someone file for a confidentiality order for a divorce.
Some Florida counties provide a mediator for your case. You can also select your own mediator and pay the associated expenses.
An initial meeting establishes the ground rules and objectives of the mediation process. During this session, the mediator will encourage you and your spouse to express their concerns and priorities.
We encourage clients to create a divorce mediation checklist outlining negotiables and non-negotiables. The goal is to identify specific issues you must address in the divorce settlement. Examples include dividing community assets and debts, child custody arrangements, child support, and alimony.
The mediator fosters open and constructive communication between the spouses throughout the process. They encourage both parties to listen to one another’s perspectives and find common ground.
Once you have identified and discussed relevant issues, the mediator will work with you to develop possible solutions. This stage involves brainstorming and exploring scenarios to find compromises and, ultimately, agreements.
When both spouses agree on all issues, the mediator helps formalize the agreement in writing. The couple submits this agreement to the court for approval. It becomes an official part of the divorce decree. The court must review and approve the mediated agreement. The judge ensures it complies with state laws and serves the children’s best interests. Once the court approves the agreement, it becomes legally binding.
Florida has used mediation as a high-conflict divorce alternative since 1988 and has nearly 6,000 certified mediators. Mediation can be faster and more affordable than going to court for divorce. You have more control over the outcome, which can reduce emotional stress and promote an amicable environment. (To learn more, see our amicable divorce checklist!)
Our Tampa divorce mediation attorneys can help by guiding you through the process and providing divorce mediation tips and tricks to help you prepare.
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]]>The post How to Address Child Support Arrears in Florida appeared first on Tampa Divorce Lawyers | Quinn & Lynch, P.A..
]]>The first step in addressing non-payment of child support is open communication. Talk to the non-paying parent to discuss the importance of child support and try to understand their reasoning. It is possible to resolve misunderstandings or financial difficulties through a straightforward conversation.
Keeping records is beneficial when dealing with child support issues. Maintain a detailed record of all communication related to child support, including text messages, emails, and phone calls. Document these conversations’ dates, times, and content as evidence if you need to take further steps.
There are reasons to modify child support agreements in Florida. If the non-payment is due to a change in circumstances, such as a job loss or a decrease in income, consider modifying the child support agreement. A modified agreement can be more realistic for the non-paying parent and help avoid further legal complications. Our Tampa court order modification attorneys can walk you through this process.
Sometimes, you may explore wage garnishment to ensure child support payments in Florida. This legal process allows child support to be automatically deducted from the non-paying parent’s paycheck, ensuring regular payments. According to CBS News, over 30% of support funds fail to make it to custodial parents in the U.S. Even after divorce, both parents must commit to supporting their child financially.
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]]>The post How to Co-Parent With an Ex appeared first on Tampa Divorce Lawyers | Quinn & Lynch, P.A..
]]>Every divorce is different, and every family finds its own rhythm after their divorce, settling into a new routine and adapting to the changes that come with this significant transition. While this process is never easy, co-parenting is an effective way for parents to continue raising their children together in a way that minimizes the negative impact of the divorce on the children. Studies over the past decade have shown that co-parenting is the gold standard for parenting after divorce.
Though challenging at times, co-parenting, which is choosing to collaborate and parent together, leads to healthier, happier children in the long run. It can also make things easier for the parents after they settle into a routine and find effective ways of working together.
There are many things parents can do to co-parent successfully, including:
Running into occasional problems is inevitable when co-parenting or in any relationship. It will start with deciding on how to tell the kids about divorce.
Being willing to work through problems calmly while keeping the children’s best interests as the number one priority should be the most important element. Collaboration and working together can go a long way in helping co-parents succeed in parenting and teaching their children positive ways of interacting with others. It’s one of the best ways to stay positive during divorce, as well.
This may seem obvious. However, the whole goal of co-parenting is to ensure that the best interests of the child(ren) are being met. When stress or old negative patterns arise, it’s important to push through to keep the child(ren)’s needs front and center. If your divorce has been traumatic or if you are still dealing with issues with your ex or your previous relationship, speaking with a therapist can help create a safe space for you to discuss lingering issues without fear of having the kids overhear you.
A Florida time-sharing agreement serves as the ground rule for co-parenting in that it highlights the obligations and responsibilities of each party. At the same time, you may need to create your own ground rules regarding your new arrangement. This can include how dropoff or handoff occurs, where items live, how things are communicated, etc. Some of this may be included in your time-sharing agreement, while others may not. When creating ground rules or adjusting them to fit your situation, remember how you would like to be treated and what can help you be the best parent you can be.
Open communication is important. Let your co-parent know if you’re running late or if your child has been having nightmares. Anything that you would like to know about your child(ren), they, too, may like to know. Find a method of communication, whether it’s a detailed email or a brief text, that works for both of you and allows you to do your jobs as co-parents effectively.
Whether you and your spouse crafted a time-sharing agreement or a judge imposed on you, it’s important to understand your expected role and to meet your obligations. This goes beyond knowing which weekends or days you are responsible for the child(ren)’s care. Time-sharing agreements can also contain information regarding financial and decision-making responsibilities. Understand what falls under your purview and make a point of sticking to the agreement.
Talk to your co-parent if something happens and you need a temporary change to the agreement. If you need a major change, seeking legal advice may be necessary to request a court order modification.
Sometimes, an opportunity arises, and you may be asked to be flexible with your co-parenting or
timesharing agreement, or you may ask your former spouse to be flexible. It may be as simple as switching a weekend or allowing your spouse to skip or attend a game. Whatever the case, as long as it is not a frequent thing, being flexible can help strengthen your co-parenting relationship by showing that you are putting the needs of your child(ren) first.
It takes a village, they say. After a divorce, this couldn’t be more true. While in the past, you could call your former spouse to pick up a child because you were running late, that is no longer an option. Connecting with friends and families and building a network to get help when needed —whether as a babysitter or a shoulder to lean on—can make life a tad easier as you work through your transition. Co-parenting takes commitment. Learning to co-parent is no easy task—it’s an ongoing endeavor that will take time and patience. However, for the sake of one’s children, it’s a worthwhile investment.
Self-care is critical for everyone, especially for parents living in exceptional circumstances, such as managing increased pressure to pay bills, raising children, keeping a house running independently, succeeding at work, and more. Ensuring that self-care is a part of each parent’s day-to-day life is imperative to healthy parenting. Whether that means engaging in a hobby, going for a daily walk, exercising, or doing something each parent enjoys on their own, nurturing oneself is essential for the long-term success of co-parenting.
Divorce and shared custody are difficult circumstances, and every family is unique in how they deal with their issues. However, collaborating and working together as mature adults can truly make a difference in the outcome of the divorce and the lives of the children.
Reach out to our Tampa collaborative divorce lawyers for more information.
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]]>The post Avoiding a Contentious Divorce in Florida appeared first on Tampa Divorce Lawyers | Quinn & Lynch, P.A..
]]>If you want to avoid a contentious divorce, you’ll want to follow an amicable divorce checklist.
Open and honest communication is critical to avoiding unnecessary conflicts and disagreements. By clearly expressing your feelings, needs, and expectations, you can prevent misunderstandings that might lead to disputes. If both parties are willing to talk openly and honestly, they can often find common ground or a compromise that satisfies everyone.
Mediation is a method where a neutral third party assists both spouses in negotiating an agreement on various issues, such as child custody or property division. This process emphasizes cooperation and allows both parties to have a say in the final agreement. By working together in a structured environment, you can develop solutions that fit both parties’ needs and preferences. Our Tampa divorce mediation lawyers can walk you through the process.
While many people believe that the divorce process in Florida will always involve conflict, this isn’t necessarily the case. A collaborative approach can benefit many couples, allowing them to keep the peace and work together to reach a fair solution. However, this approach isn’t necessarily the best fit for every divorce. Why might a collaborative divorce be right for you?
Collaborative divorce takes the idea of cooperation a step further by encouraging both spouses to work together with a team of professionals, such as certified divorce financial experts, real estate divorce specialists, and divorce counseling experts. This team works collectively to help the couple reach a resolution that satisfies everyone involved. It emphasizes empathy, mutual respect, and a shared vision for the future. A Tampa collaborative divorce attorney at our firm can help you!
First and foremost, collaborative divorce requires you and your spouse to work together. A collaborative divorce may be beneficial if you and your spouse can come together, provide comprehensive information about your assets and finances, and negotiate a fair solution.
Litigated divorces occur in the court system, so the divorce details are public. This includes the personal information that may be revealed in court and information about your divorce finances. A collaborative divorce allows couples to keep that sensitive information private.
Litigated divorce can be costly and create additional challenges while you navigate the complex financial task of dividing your household. Collaborative divorce can help couples decrease the cost of the divorce process.
If you and your spouse have children, working together to solve your divorce can offer you a strong foundation for shared custody in the future. Not only will you build your ability to work together, but you will also potentially decrease the stress that conflict can cause for your family.
If the divorce involves children, their well-being should be a top priority. By learning how to get joint custody in Florida, how to co-parent with your ex and working together to make decisions that are in the children’s best interests, both spouses can avoid unnecessary conflicts. This is one of the many benefits of co-parenting. Joint decision-making regarding child custody, schooling, and other parenting responsibilities can foster a more cooperative atmosphere.
Every divorce is different, and your approach should be tailored to your unique situation. If you wonder whether a collaborative approach will help you achieve your goals, you may want to discuss your needs with an experienced attorney. They can help you determine whether a collaborative approach is the best path toward a bright future for you and your family.
Both parties can navigate the divorce process more smoothly by maintaining a forward-looking perspective and focusing on the future rather than dwelling on past grievances. Emphasizing shared goals and finding common ground can lead to a more harmonious resolution.
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]]>The post Considerations for Divorce: Domestic Violence Injunction Florida appeared first on Tampa Divorce Lawyers | Quinn & Lynch, P.A..
]]>Understanding what a domestic violence injunction is and the circumstances that might warrant seeking one can help you make informed decisions regarding your safety and peace of mind.
Domestic violence represents a serious issue that affects many lives and families, often with devastating consequences. In Florida, the presence of domestic violence further complicates matters. A domestic violence injunction can serve as a critical protective measure for victims.
An injunction is a legal order that requires one party to refrain from certain actions, potentially offering protection and relief to victims of domestic violence. Learn more about the importance of a domestic violence injunction in a Florida divorce.
In Florida, a domestic violence injunction is a legal order to protect you from further harm by someone close to you. It can restrict the other person from coming near you, contacting you, or even living in the same home as you.
A domestic violence injunction can provide a range of protections. It may prevent the offending party from further acts of violence, restrict their contact with the victim or even require them to move out of a shared residence.
If you fear for your safety or that of your children due to threats, harassment, or violence from your spouse, you should consider seeking a domestic violence injunction in Florida. It also applies if you have been the victim of stalking, assault, or any other form of abuse.
In the context of a divorce, determining the necessity for an injunction often depends on the circumstances. If there is a history of domestic violence or credible threats of violence, an injunction can offer protection during the emotionally charged period of divorce. Furthermore, you may need an injunction if children are involved, as it can help provide a safer environment for them.
To obtain a domestic violence injunction in Florida, victims need to file a petition with the court detailing the nature of the violence or threats. The court then reviews the petition and, if it finds sufficient grounds, can issue a temporary injunction. A full hearing usually follows, at which both parties can present their case. If the court finds it necessary, it will issue a final injunction.
Based on your information, the judge will decide whether to issue a temporary injunction. A full hearing usually occurs within two weeks, where both parties can present evidence before the court issues a permanent injunction. If domestic violence or the threat of it is present, an injunction can protect the victim and their children.
There are additional domestic violence services in Florida that can help, as well.
The issuance of a domestic violence injunction can significantly impact divorce proceedings. Judges consider the best interests of any children involved in making custody and visitation decisions. Evidence of domestic violence could influence these decisions, possibly leading to supervised visitation or even denial of custody to the offending parent.
So, having a domestic violence injunction in place can impact the decisions made during the divorce process. Florida courts prioritize the safety of children, realizing the effect of domestic violence on a family, and an injunction can influence the judge’s decision on who gets custody.
Navigating a divorce in the context of domestic violence is difficult and stressful. A domestic violence injunction can offer some level of protection, peace of mind, and legal leverage during this tough time. A Tampa domestic violence divorce attorney can help.
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]]>The post Florida Child Support Payments appeared first on Tampa Divorce Lawyers | Quinn & Lynch, P.A..
]]>The Florida Department of Revenue covers child support payment options available in this state. Parents can submit payments online using their bank account through the State Disbursement Unit’s site, which takes two business days to process and does not result in fees. Parents can also use cash, a credit card, or a debit card to pay at various retail locations around the state, although they have to pay a fee.
People can use money transfer services to pay support, but fees apply, and it can take as long as seven business days to process payments. Furthermore, parents can mail child support payments to the state.
Once parents understand how child support is determined in Florida, it is crucial for parents to evaluate their options since identifying the most convenient payment method can reduce the likelihood of falling behind. Convenience, processing time, and fees require consideration, and it is pivotal for parents who owe child support to do all they can to stay current.
For more information, contact one of our Tampa child support attorneys.
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]]>The post Why Get a Prenup? appeared first on Tampa Divorce Lawyers | Quinn & Lynch, P.A..
]]>Despite the stigma that once surrounded them and continues to persist in some form, prenuptial agreements have numerous benefits. After all, marriage is a contract.
U.S. News takes a look at the benefits associated with prenuptial agreements. One might come as an unexpected benefit: the ability to discuss money and finances. Financial matters often rise to the top of people’s reasons for getting a divorce. After tying the knot, many discover that their financial lifestyle is incompatible with how their partner views or treats money.
Talking about things via a prenup can actually help couples establish these boundaries and discover these things before jumping into the marriage.
If you actually do get a divorce from your partner, having a prenup in place can drastically reduce how much time it takes you to get through a divorce. Understanding how marital assets are divided in divorce pushes some newlyweds towards getting a prenup.
For many people, the categorization and division of community assets make up the longest and most costly part of the process. Having a prenup takes care of that.
Finally, for ‘why get a prenup,’ this not only allows a person to protect their assets in the event of a divorce, but it also puts the power of decision-making in their hands. In divorce, many people have to leave their assets to the court. But with a prenup, things get decided only by the two involved in the marriage, which is a benefit many love. This keeps angry ex-spouses from removing marital property before divorce.
For more information, contact a Tampa family law attorney today.
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]]>The post Child Support for College Students in Florida appeared first on Tampa Divorce Lawyers | Quinn & Lynch, P.A..
]]>Florida does not require parents to pay for their child’s college tuition. Child support is no longer eligible once the child turns 18. For most children, this negates the potential payment of college tuition. If you want to cover college costs in your divorce settlement, you must agree before the judge rules on your arrangement. This means you have to provide a written document that both parties sign. If no such record exists, the other parent has no obligation to assist in college expenses.
Many parents want to know whether or not they also have to contribute to college tuition when paying for child support. According to College Tuition Compare, a Florida student can expect to pay $4,242 for in-state education per year and $16,535 for out-of-state tuition.
However, Florida state laws do not require a parent to pay child support to cover college tuition. This is mostly because child support orders end when the child turns 18. As most people will attend college after that age, it renders the provision of tuition aid moot.
The best way of handling one parent paying for some of a child’s college tuition is to figure that out in advance. Agree to the divorce settlement itself before the judge finalizes it. The decision to legally bind both parties must be written down in a document that both parties then sign.
When you make this agreement, you should consider expenses besides tuition. For instance, the document can include books, housing, traveling expenses, and other potential costs. The payments can also come in many forms. For example, your spouse may not agree to any amount regardless of the price, but they might agree to a college fund to which you both make regular payments. College is one of the most expensive aspects of being a parent. If you want your ex-spouse to contribute to your child’s education beyond high school, you need to make that arrangement before the divorce concludes to make child support payments in Florida that accommodate these needs.
Additionally, it is possible to come up with numerous payment methods. For example, it is possible to set up a college fund that both parents contribute to over time.
For more information, contact a Tampa child support lawyer at our firm.
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]]>The post What to Do Before Telling Spouse You Want a Divorce appeared first on Tampa Divorce Lawyers | Quinn & Lynch, P.A..
]]>Even when the split is mutually agreed upon, divorce is rarely easy. Along with the emotional turmoil most people experience, divorce can also cause quite a few financial concerns. That is why preparing financially for your divorce is so important, as are taking the right steps. If you will be the one to file for a divorce, there are some financial aspects you may want to take care of before filing. Here’s what to do before telling your spouse you want a divorce.
Once you file, the rules change. That is one of the biggest facts about divorce to take away from this.
You will not be able to do anything with your community assets, and if you try to move around assets, you could get in trouble with the court. Making an inventory can be handy as you work through the divorce settlement process.
You can do many things to prepare financially for a divorce. You can enter your new life confidently and securely by taking the following steps.
Here are a few things you can do to preserve your financial wellness.
Your finances will feel the impact of divorce. Changes to the frequency and amount of income shifts in responsibilities to lenders and single parenthood are all challenges you may face. According to U.S. News, collecting and organizing financial documents may alleviate confusion and give you a clearer picture of what to expect from a divorce settlement. Some things you can do include the following:
You need to know what you own and what you owe. Debts divide in a divorce just like assets. It is essential to understand which debts are marital and which are separate because you must pay for your own separately.
You and your soon-to-be ex may need to continue using shared funds until the end of the divorce process. In this case, tracking shared accounts is crucial to the outcome of the proceedings. If your spouse spends shared money frivolously, the court will want to know about it. Things like bank statements from shared accounts are ideal in this regard, as they establish spending patterns leading up to the divorce.
You may be eligible to receive some of your spouse’s Social Security benefits depending on the length of your marriage. Access to benefits can be extremely helpful in the aftermath of a divorce, as they can help you get back on your feet financially as you deal with asset division and spousal support decrees. In many instances, a spouse may benefit from their ex if the marriage lasts ten years or longer.
Many couples hold joint credit cards with their spouses. When you are out on your own, you will need to develop your own credit established to purchase vehicles and homes. Getting a credit card in your own name is the first step to establishing your own credit history. You should also check your current credit report to see your financial standing.
In addition to ensuring financial stability post-divorce, you must begin rebuilding your credit history. This entails getting a credit card in your own name, especially if you share your current cards with your ex. It is often easier to secure credit, leading to a divorce, as changes to your financial status can make it more challenging afterward. You should also check your current credit report to see your financial standing.
In addition to having your own credit card, you should also have your own bank account if you share one with your soon-to-be-ex. Along with the emergency savings account, set up a checking account for future paychecks. You can use this account to pay any new bills you accrue as you secure your own home and vehicle.
Even a relatively simple divorce can be expensive, but budgeting will keep you on the right financial track. Take a look at your current spending and see if there are areas where you can pull back. If you do not have any emergency savings, start putting money away now. The more detailed your budget, the more confidence you will have in your financial independence.
You should also take this time to plan ahead for the future. Understand how much money you’ll need for divorce finances. Create a budget for your new single life to ensure you understand how your finances will look once your divorce ends. Take into consideration your income and debts. Think about whether you will have to move and if you will lose assets in the divorce. If you do not have credit accounts in your name, now is also a good time to set those up.
Getting divorced may trigger lots of emotions that could impact your day-to-day life. Having a strong support system to rely on may provide comfort, encouragement, and hope. If you plan to divorce your spouse, consider joining a support group or starting a conversation with others in your circle who have experienced a similar situation.
Another option is to work with a therapist. Being able to talk about your feelings in a controlled environment may minimize your emotional unrest and enlighten you about how you can manage triggers during an unprecedented time. Working with an attorney may also provide you with reliable legal guidance so you can focus on staying in control of your life despite the upcoming changes.
This is a good time to close any joint accounts you and your spouse own. Do not take all the money for yourself, though. This is outlined on our list of what not to do during divorce. The court may not like the look of that. Instead, split it with your spouse. If there are issues, leave the account as-is and let the court decide later how to handle it.
Many people do not consider their financial situation when divorcing. Taking a moment to review your finances before filing can save you from many headaches later.
Equitable asset division – especially in a high-net-worth decoupling – is often a key divorce focus. Moreover, a determination concerning property allocation flatly resists casual analysis. Accurate identification/valuation of marital wealth and its coupled distribution between divorcing parties is often one of the most challenging goals to achieve when ending a marriage. Where ultimate financial equity is concerned, proven legal counsel is a must. One high-asset divorce overview acknowledges that a legal team with a deep background in complex divorce advocacy “can provide singular insights” benefiting clients in property-linked outcomes.
As that piece notes, experienced legal counsel in a financially complex divorce will “quarterback [a divorce strategy] with knowledge and finesse.” That sometimes means soliciting input on an attorney-led team from financial experts (e.g., an accountant, certified divorce financial planner, or forensic analyst) who can provide value for a client.
Candor regarding how to file for divorce in Florida and the overall divorce process for impending Florida exes mandates telling it like it is. We stress that “Whether going through an uncontested or contested divorce, the process is legally complex and emotionally stressful.” That hardly means that it can’t be successfully negotiated, though. Legions of divorcing spouses do just that with timely, on-point, and empathetic help from a proven legal team.
While divorce can feel overwhelming, it can also have a profound impact on your life. Many people appreciate the freedom they experience after leaving a tumultuous relationship, especially regarding financial autonomy. Questions concerning financial matters or any other divorce-linked issues can be directed to a family law firm with a demonstrated record of success in divorce representation.
By taking a careful approach, you can pursue a bright financial future in the future. This is key to building a happy and fulfilled life, both personally and financially. Talk to a Tampa divorce attorney at our firm for more information.
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]]>The post How Does a Divorce Mediator Help? appeared first on Tampa Divorce Lawyers | Quinn & Lynch, P.A..
]]>But what exactly do divorce mediators do?
Survive Divorce discusses how divorce mediation works, outlining various aspects of divorce mediation. Divorce mediators help in many ways. Primarily, they act as a guiding force and help both parties reach an agreeable conclusion with as little friction as possible.
Going to mediation means you work with a professional mediator who will help you and your spouse arrive at a final agreement. A mediator is a neutral individual, meaning you can have confidence that the mediator will not have a bias against you. Money Crashers explains that a divorce mediator can fulfill the following actions during mediation.
They do not act as counselors; it is not their job to attempt to fix a relationship or emotionally coach the people through their divorce. However, they offer support while a couple decides how they want to proceed with the split.
For example, a mediator can often see the divorce from an angle that neither member of the couple can see. This allows them to offer unique advice from the perspective of a neutral and unrelated party.
Mediators know that divorces can be tense, so whoever mediates your divorce should help you and your spouse communicate while avoiding strife that could cause the two of you to cut off talks. Your mediator will steer you away from name-calling and casting blame. If misunderstandings arise, your mediator will attempt to clear up matters so the session can continue.
A mediator cannot offer legal advice, but he or she can help you find legal information to understand legal questions relevant to your divorce. They can help guide you through what not to do during divorce if need be. If you and your spouse know how the law looks at your divorce, it could help you conceive solutions. Your mediator may take other actions to help the two of you solve disputes without showing any favoritism.
Once you and your spouse have resolved all of your issues, your mediator can create the final agreement. Since a court will have to accept your divorce agreement for it to go into effect, a professional mediator will ensure that your document is legally acceptable. This will help ensure that the work you and your spouse have put into mediation will not be in vain.
On top of that, mediators have de-escalation training. This means they can step in and help take a situation down a few notches if the couple begins to argue and it starts spiraling out of hand.
Their ultimate goal is to ensure that conversation can happen without interruptions and that each meeting has a good level of productivity. Of course, they cannot do much work if the couple is not willing to put in the effort to cooperate. This is what makes it a collaborative process.
To learn if mediation is a good idea in divorce for your specific situation, contact a Tampa divorce mediation attorney from our firm.
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