Do I Need An Attorney If Mediating My Divorce?

Do I need an attorney if mediating my divorce? A lot of clients ask me this question, and here is what I tell them…

You are not required to hire an attorney. However, if you are going to utilize a divorce mediator to help you dissolve your marriage, I always recommend you do. Even if it is just one consultation with an attorney. This is because you need to be clear on what your rights & obligations are. This will make your divorce mediation much easier, because you already understand these rights & obligations.

It is also important to remember that because the divorce mediator remains a neutral party in a divorce mediation proceeding. The mediator does not give any legal advice to either spouse, and this is very important to remember because the mediator is always neutral. This insures an unbiased process.

  • Having your own attorney is not mandatory for mediation. It is entirely your own decision. A mediator does not give legal advice.
  • It is strongly recommended that you see the counsel of an attorney as to your rights, entitlements, and obligations are under the law of the state.
  • Meeting with an attorney allows you to become more effective in the negotiation process. If you decide to waive or relinquish a piece of property, you’re doing this knowing your entitlements and rights under the law.

Judith Goldberg, Attorney & Mediator.   Connect With Judith



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These materials have been prepared by the Offices of Judith Goldberg, Divorce & Family Mediation for general informational purposes only and are not intended and should not be construed as legal advice or legal opinion on any specific facts or circumstances. Every case is unique. The information contained in this website is not intended to create, and receipt of it does not constitute, a mediation-client relationship nor is it intended to substitute for the advice of an attorney. Website User should not act upon this information without seeking professional legal counsel. This website provides general information only and cannot be relied upon for legal advice because laws change and differ from state to state. Applicability of Florida legal principles referenced here may differ substantially in individual situations; any party entering into mediation, upon completion should consult with review counsel prior to filing any documents.