Is divorce mediation required in Florida, or can we go straight to court?
Direct Answer
If you and your spouse cannot agree on every single issue in your divorce, Florida courts will almost always require you to attend mediation before scheduling a trial. Under Florida Family Law Rules of Procedure 12.740, judges have the authority to refer contested cases to mediation automatically.
If you and your spouse cannot agree on every single issue in your divorce, Florida courts will almost always require you to attend mediation before scheduling a trial. Under Florida Family Law Rules of Procedure 12.740, judges have the authority to refer contested cases to mediation automatically. In fact, many judicial circuits, such as the Eleventh Circuit in Miami-Dade and the Thirteenth Circuit in Hillsborough, have standing orders that strictly forbid you from setting a final hearing date until a mediator certifies that you tried to resolve your issues and reached an impasse. The only common exception is if there is a documented history of domestic violence or safety concerns, in which case a judge may waive the requirement upon a proper motion. If your divorce is entirely uncontested, meaning you both sign off on a complete agreement before filing, you can bypass mediation entirely.
Related Questions in Florida
What happens if we agree on some things during mediation but can't agree on everything?
How do we handle child custody and parenting schedules in a Florida mediation?
How does mediation handle our property, debts, and assets under Florida law?
Is what I say in mediation confidential? Can my spouse use it against me in court later?