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Divorce mediation preparation and procedure under FL laws

Asked about 3 years ago - Orlando, FL

I have Mediation today, And I'm the one who filed for the divorce because he alway's put's it off for over 10 years now! My 17 year old daugter has been with me for the past 4 years and he has claimed her twice in his income tax when she was living with me. He has plenty of money, But it's his Girlfriends ans they are living place to place in South Florida. He will be at Mediation, Any advice what steps or what my demands should be?? I'm unemployed and will be evicted soon if my rent is not up to date, I'm very scared for my daughter and I. Need some quick advice! Thank You and God Bless

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Attorney answers (1)

Elizabeth R Dilts

Reputation Level 8

Answered over 2 years ago. Mediation Attorney in Orlando, FL.

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First of all, you can file amended tax returns for past years. Use an accountant. It will trigger an audit but if you provided her support and he has provided nothing, then you may be entitled to the exemption. If on the other hand, you have been unemployed, does it make a difference that he claimed her? Review his financial affidavit and supporting documents. Try to ensure your daughter gets health insurance through his employer. Consult an attorney so you know whether you are entitled to alimony, unequal equitable distribution, and similar items. Do not sign anything unless you are certain it settles everything as it is binding.

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Other answers (1)

myorlandolawyer

Answered by a user, about 2 years ago.

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First of all, know that mediation is basically a meeting between the parties (with or without attorneys) and a mediator (neutral third party) to help you find a solution or settlement that you both find acceptable. With a very few legal exceptions, nothing said in mediation can be used against you in court. It sounds like you might have an alimony claim due to a long term marriage so explore that prior to going to mediation if possible, or in the alternative, preserve your rights on that issue in any agreement you reach. If you sign a mediation agreement that resolves all issues between the two of you, then you have finality, but you may have waived valuable rights. I would advise you to seek a consultation with an experienced familiy law litigator prior to executing any documents. Alternatively, if you have already signed a document, take it to a lawyer immediately for review because in some cases you may ask the court to set it aside within 10 days of the date you signed it if you did not waive that right in mediation.

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