Can a Florida Family Law Case Be Sent to Mediation Before Financial Disclosure Is Completed?
QUESTION:
I am involved in a Florida family law case involving financial issues. Opposing counsel has not provided the required financial affidavit or mandatory financial disclosure documents, but is seeking to have the court schedule mediation.
Can the court require the parties to attend mediation before financial disclosure has been completed? What steps can a party take to obtain the missing financial information before mediating issues such as support, property, debts, or attorney’s fees?
ANSWER:
A Florida judge can generally order or refer a family-law case to mediation even if mandatory financial disclosure has not been completed, so opposing counsel’s request may still be granted. However, you should not be expected to negotiate property division, support, or other financial issues without the information required by Florida Family Law Rules of Procedure.
Consider filing, or asking your attorney to file, a motion to compel mandatory disclosure and requesting that any mediation be deferred, or at least conditioned on both parties’ compliance and certificates of compliance, before it occurs.
If mediation is ordered before disclosure is complete, attend as required but do not feel pressured to sign a final financial settlement without sufficient information and an opportunity to review it. If you do not have an attorney, I strongly recommend consulting and retaining a Florida family-law attorney as soon as possible to protect your interests.