815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
Ending a marriage forces you to make huge financial and emotional decisions while you're hurting. For couples in Central Florida, the choice often comes down to two paths: mediation or litigation. The route you choose determines how much you spend, how long the process takes, and how much control you keep over the outcome.
Mediation involves a neutral third party who helps you and your spouse reach a voluntary agreement without a judge's intervention. In Florida, courts often require this step before a trial because it's highly effective. About 80% to 90% of cases settle during this phase. This saves you the stress of a public battle.
Unlike a divorce attorney who fights for one specific side, the mediator does not take sides. Their only job is to facilitate communication. They help you find common ground on difficult issues like child support, alimony, and property division.
The sessions usually take place in a private office rather than a courtroom. This setting is less intimidating and encourages open dialogue. You retain control over the outcome. If you don't like the settlement proposed, you don't have to sign it.
Litigation is the traditional route where a judge in the Orange County Courthouse makes the final decisions for your family. This process starts with filing a petition and moves through strict procedural steps like mandatory financial disclosures, depositions, and hearings.
This path is adversarial by nature. It pits one spouse against the other. It is often necessary when there is domestic violence, hiding of assets, or a complete inability to communicate. However, it removes the decision-making power from your hands. A judge who doesn't know your family personally will decide your visitation schedule and how to split your retirement accounts.
Litigation is also slow. While mediation might resolve a case in a few months, a litigated divorce in Florida often takes 12 to 18 months to reach a final judgment if it goes all the way to trial.
Mediation typically costs significantly less than a fully litigated divorce. You and your spouse usually split the cost of the mediator, whose hourly rates generally range from $200 to $500. A typical mediation process might cost between $3,000 and $5,000 total.
Compare that to litigation. When you go to court, you pay for every motion, every hearing, and every hour your attorney spends preparing for trial. It is not uncommon for litigation costs to exceed $15,000 to $20,000 per person in contested cases.
Our family law practice Winter Park, Florida team often sees families deplete their savings fighting over assets in court. Choosing mediation helps preserve your wealth so you can use it to restart your life.
Mediation keeps your financial details and personal disagreements private. Litigation makes your divorce a matter of public record. Anyone can pull your file at the courthouse and read about your financial status or allegations made during the proceedings.
Privacy matters to many of our clients in neighborhoods like College Park and Maitland. They prefer to keep their business out of the public eye.
In mediation, you also control the schedule. You don't have to wait for a hearing date on a crowded court docket. You can schedule sessions when it works for you. This flexibility is harder to find in the court system.
If mediation feels too informal but you want to avoid the courtroom, collaborative law might be the answer. This is a specific legal process where both spouses hire attorneys trained to settle without going to court.
Everyone signs an agreement stating that if the case goes to litigation, the attorneys must withdraw. This motivates everyone to solve problems rather than fight. It offers more structure than simple mediation but keeps the decision-making power with you.
Even if you choose mediation, you need an attorney to review the agreement before you sign it. A mediator cannot give you legal advice. They can't tell you if you're giving up rights to alimony you're entitled to under Florida law.
In our years serving families from Altamonte Springs to downtown Orlando, we've seen people sign unfair deals because they didn't have legal counsel during mediation. A skilled attorney ensures the agreement is fair and enforceable.
We also help you prepare for mediation. We organize your financial documents and help you identify your "must-haves" versus where you're willing to compromise. If mediation fails, we are ready to stand up for you in court.
Finding the right family law practice Winter Park, Florida residents trust is essential. You need someone who understands local statutes and has experience with the specific judges in Orange and Seminole counties.
There is no one-size-fits-all solution for divorce. If you and your spouse can communicate, mediation offers a faster, cheaper, and more private way to untie the knot. If you're dealing with a high-conflict situation, litigation might be the only way to protect your rights.
We help you assess your specific situation and choose the path that offers the most long-term stability for you and your children.
You don't have to figure this out alone. Whether you need a strong litigator or a skilled negotiator, we can help you move forward. Contact Frank Family Law Practice at (407) 629-2208 to schedule a consultation.
Our family law practice Winter Park, Florida office, is here to answer your questions and help you protect your future.