In this video, Florida Attorney, Sergio Cabanas discusses your options if you find yourself in mediation and your spouse just won't cooperate.
00:00 Introduction
00:07 What if my Spouse Won't Cooperate With Mediation?
01:43 Outro
Para la version en español, ver aquí:
¿Que pasa si mi cónyuge no coopera con la mediacion?
• ¿Que pasa si mi cónyuge no coopera co...
**Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**
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Sergio Cabanas, Esq. has been practicing law since 1991, after graduating from Washington College of Law in Washington D.C. Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.
The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody, Child Support, Alimony, Prenuptial Agreements, Postnuptial Agreements, Domestic Violence, and PostDivorce Related issues.
The firm has three locations: Pembroke Pines, Weston, and Sunny Isles Beach in South Florida. If you would want to consult, you can reach the firm through (954) 3290441. We are open from 9AM to 5PM, Mondays to Fridays.
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Transcript:
Today's question is: "Sergio, I wanted to settle my divorce case as quickly and as cheaply as possible but my spouse is not cooperating with settlement and now refusing to go to mediation. What can I do?
Well, this often comes up in divorce cases where one of the spouses refuses to settle or is impeding the divorce process in some way, shape or form.
Probably because that spouse doesn't want to divorce. If that's the case, a mediation is usually ordered by the court.
That is, the judge will compel both parties to attend a mediation with an independent third party, who's going to try to do the best he or she can to reach a settlement for the divorce to go through.
I found this funny cartoon that will help me explain the best answer possible.
Here we have a cartoon of a mediator going to meet with spouses and apparently the mediator finds that both of them are already locked in a battle going at each other's throat and the mediator says: "Oh I may be too late to mediate."
So, obviously this is not something we want to happen.
It's important to try to settle as soon and as quickly as possible to reduce the cost and stress of any divorce.
It's up to the spouse to decide whether to cooperate with the process.
But, in my experience usually that spouse does come around and cooperate.
And some effort is made.
Now, there is no guarantee that you can reach a full settlement but it's been my experience that, eventually, people do realize that divorce is inevitable, and they do the best they can to reach a settlement once we reach out to them and communicate