Is Mediation Required in Florida Divorces?

Is mediation required in Florida divorces?

Yes, in most contested divorces. Florida judges can send any contested family issue to mediation under Rule 12.740, and many circuits require it before a final hearing. If you and your spouse agree on everything, there is nothing to mediate. A judge can waive it when domestic violence would make mediation unsafe.

Mediation is a private meeting where a neutral person, the mediator, helps you and your spouse try to settle. The mediator cannot decide anything for you. Most people find it less stressful than a trial.

Source: Florida Family Law Rule of Procedure 12.740 and § 44.102, Florida Statutes (2026 text, checked October 2026). Under § 44.102(2)(c), in circuits with a family mediation program, the court must refer disputed custody, visitation and parental responsibility issues to mediation.

What does Florida divorce mediation cost?

Court-connected family mediation costs $60 or $120 per person, per session, for couples with lower combined incomes. 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
• Combined income above that: The statute sets no court fee, so couples often use a private mediator who sets their own rate

To qualify for the court rate, each spouse usually files a financial affidavit, a sworn form listing income, debts and assets. In Pasco and Pinellas Counties, for example, the Sixth Judicial Circuit uses these affidavits to set each person's fee. Rule 12.740 also says a court can send you to a paid mediator only after it finds you can afford the fee.

What happens if mediation works, or fails?

Either way, your case keeps moving. Under Rule 12.740, any deal you reach must be put in writing, signed by both spouses and submitted to the court.

If you do not agree, the mediator tells the judge only that there was no agreement, "without comment or recommendation." The judge never hears what was said. Your case then goes on toward a hearing or trial.

Tip: You do not have to settle every issue. A partial deal, such as one on the parenting plan, still shortens your trial and can cut your legal bills.

For the bigger picture, such as filing, costs and timelines, see our divorce and separation guides. If your spouse has hurt or threatened you, talk to a family lawyer before mediation so they can ask the judge to waive it or set safety rules.