Is Mediation Required for Divorce in Florida?

Is mediation required for divorce in Florida?

Sometimes. No Florida law forces every divorcing couple into mediation. But judges can order it in any contested divorce under Florida Family Law Rule 12.740, and in circuits with a family mediation program they must refer disputed parenting issues to it. If you and your spouse agree on everything, you usually skip mediation.

This step is usually calmer than it sounds. Mediation is a private meeting where a neutral person, the mediator, helps you and your spouse reach your own agreement. The mediator does not decide anything for you.

The rule for parenting issues is in § 44.102(2)(c), Florida Statutes. It says a court in a circuit with a family mediation program, "upon a court finding of a dispute, shall refer to mediation all or part of custody, visitation, or other parental responsibility issues." Rule 12.740 adds that "all contested family matters and issues may be referred to mediation." Both were current as of October 2026.

Good to know: A contested divorce is one where you and your spouse disagree on at least one issue, such as property, alimony, child support or the parenting plan.

When will a Florida judge order divorce mediation?

A judge will most likely order mediation when you disagree about something and the case is heading toward a hearing or trial. Many Florida circuits require couples in contested family cases to mediate before a judge will hear temporary or final matters. Your local circuit's rules and your judge's order control the timing.

• Disputes about children: Mediation is required in circuits with a family mediation program, under § 44.102(2)(c), Florida Statutes.
• Disputes about money or property: The judge may order it for any contested issue under Rule 12.740.
• Full agreement: Mediation is usually not needed, because there is nothing to settle.
• Simplified dissolution: Couples who qualify for this faster, agreed process under Florida Family Law Rule 12.105 do not go to mediation.
• Some cases are excluded: Under Rule 12.740, state child support enforcement (Title IV-D) cases, post-judgment contempt and changes to injunctions are not sent to mediation without good cause or both parties' consent.

Can you skip mediation if there was domestic violence?

Yes. A court will not send your case to mediation if there is a history of domestic violence that would compromise the process. You have to ask for this by motion or request, under § 44.102(2)(c), Florida Statutes.

Rule 12.740 also bars mediation, unless you consent, when there is a domestic violence injunction or conviction between you and your spouse. The court may still allow it with safety measures, such as separate rooms or video.

Warning: Do not wait until the mediation day to raise safety concerns. Tell the court, or your lawyer, as soon as you get a mediation order.

How much does court-ordered divorce mediation cost in Florida?

Court program mediation costs $60 or $120 per person per session, based on your combined income. These fees are set by § 44.108(2), Florida Statutes, as of October 2026.

• Combined income under $50,000: $60 per person per scheduled session.
• Combined income $50,000 to under $100,000: $120 per person per scheduled session.
• Indigent parties: No fee.
• Higher incomes or private mediators: The mediator sets the rate, or the judge sets it if you cannot agree.

Under Rule 12.740, a judge can send you to a mediator who charges a fee only after deciding you can afford it. The judge often looks at your financial affidavits, the sworn forms listing your income and expenses.

What happens at mediation, and do you need a lawyer?

No, you do not need a lawyer at mediation, but you may bring one. Under Rule 12.740, mediation can go ahead without lawyers if the mediator and both spouses agree, unless the judge orders otherwise.

• Format: In person, by video, or both, as the court allows.
• Time limit: Mediation must be finished within 75 days of the first session, unless the court changes this.
• Agreement: Any deal must be written and signed, then filed with the court. It becomes binding once filed, or once the judge approves it when approval is needed.

Call a family lawyer before you sign anything if your case involves children, a house, a business, retirement accounts or alimony. A signed mediation agreement is hard to undo. You can learn more about each step, and how to find help, in our Divorce and Separation guides.