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(407) 834-5800
(407) 834-5800
ADR Mediation Center — Orlando, Florida
Marital property, shared debt, retirement accounts, and finances accumulated over years of marriage — resolved in a single structured session and recorded in a complete, court-ready Marital Settlement Agreement.
Charles Geller, Florida Supreme Court-certified Family Mediator, has resolved asset division cases across Central Florida for over 20 years — returning a complete agreement to both spouses in days, not months.
Florida Law
Florida's equitable distribution standard, established under Section 61.075 of the Florida Statutes, governs the division of marital assets and liabilities in Florida divorce proceedings. Equitable distribution does not mandate a 50/50 split — Florida courts begin with a presumption of equal division and adjust that presumption based on specific statutory factors.
"Property disputes drive more contested divorce proceedings in Florida than any other single issue."
Charles Geller facilitates both spouses' negotiation of their own equitable distribution terms within the mediation session — presenting legally informed options, identifying creative settlement structures, and moving both parties toward a mutually acceptable resolution they authored. ADR Mediation Center records the agreed distribution in a Marital Settlement Agreement, which both spouses sign and which the Florida court incorporates into the final divorce judgment.
Section 61.075 Statutory Factors
Classification
Florida law distinguishes between marital assets — subject to equitable distribution — and non-marital assets, which are generally exempt. Commingling can reclassify a non-marital asset as a marital asset depending on the specific circumstances.
| Asset Type | Classification | Subject to Division |
|---|---|---|
| Home purchased during marriage | Marital | Yes |
| Bank account opened during marriage | Marital | Yes |
| Retirement contributions made during marriage | Marital | Yes |
| Inheritance received and kept separate | Non-marital | Generally no |
| Property owned before marriage | Non-marital | Generally no |
| Gift received from third party during marriage | Non-marital | Generally no |
| Non-marital asset commingled with marital funds | Potentially marital | Depends on circumstances |
Scope of Service
| Asset or Liability | What ADR Mediation Center Resolves |
|---|---|
| Real Estate | Primary residence, investment properties — spousal buyout, deferred sale, or agreed transfer |
| Bank Accounts | Joint and individual accounts held in either spouse's name during the marriage |
| Investment Accounts | Brokerage accounts, stocks, bonds, and non-retirement investment portfolios |
| Retirement Accounts | 401(k)s, IRAs, pensions, and employer benefit plans accumulated during the marriage |
| Business Interests | Ownership stakes, partnership interests, and closely held business assets |
| Vehicles | Cars, boats, motorcycles, and other titled vehicles |
| Personal Property | Furniture, jewelry, artwork, collectibles, and household contents |
| Shared Debt | Mortgages, credit cards, personal loans, and joint tax liabilities |
| Student Loans | Marital vs. non-marital classification is determined by use of funds during the marriage |
| Life Insurance | Cash value policies and court-required beneficiary designation updates |
Complex Assets
Business interests present the most complex valuation challenge in Florida divorce asset division. Closely held businesses, professional practices, and partnership interests require an agreed valuation before division terms can be negotiated.
Both spouses can also agree to engage a single neutral business valuator, splitting the cost equally, rather than each retaining a separate expert at individual expense. Charles Geller has mediated business interest divisions across professional services, real estate investment, and retail operations.
Business interests present the most complex valuation challenge in Florida divorce asset division. Closely held businesses, professional practices, and partnership interests require an agreed valuation before division terms can be negotiated.
Retirement Accounts
A Qualified Domestic Relations Order (QDRO) is a court-endorsed legal document that instructs an employer-sponsored retirement plan administrator to transfer a designated portion of one spouse's retirement account to the other spouse as part of a divorce settlement.
Federal law under ERISA requires a QDRO for all 401(k), 403(b), and defined benefit pension plans. A QDRO is not required for IRA division — IRA transfers in divorce are governed by a transfer incident to divorce designation under Internal Revenue Code Section 408(d)(6), which carries no immediate federal income tax consequence when properly executed.
ADR Mediation Center addresses the agreed terms of retirement account division in the mediation session. Both spouses are advised to engage a QDRO specialist or their plan administrator to prepare the formal order after the Marital Settlement Agreement is signed.
A Marital Settlement Agreement allocates each marital debt to one or both spouses. Florida creditors — including mortgage lenders, credit card issuers, and auto loan servicers — are not legally bound by that allocation. If the spouse assigned a debt fails to pay, the creditor retains the legal right to pursue the other spouse for collection regardless of what the Marital Settlement Agreement states.
Your Settlement or a Judge's Order
Litigation converts asset division into adversarial positioning. Mediation at ADR Mediation Center produces settlements that fit both spouses' lives — one spouse may buy out the other's equity in the family home, retirement accounts may offset other assets, and business interests may transfer over a timeline the parties establish.
| Factor | Mediated Asset Division | Litigated Asset Division |
|---|---|---|
| Who decides | ✓ Both spouses | Domestic court judge |
| Basis for decision | ✓ Mutual agreement and negotiated priorities | Statutory factors and attorney arguments |
| Creative solutions | ✓ Spousal buyouts, asset offsets, deferred transfers | Limited to positions that attorneys present |
| Privacy | ✓ Fully confidential under Florida law | Public court record |
| Time to resolution | ✓ Days to weeks | Months to over a year |
| Cost | ✓ Typically less than one attorney retainer | $3,000+ retainer per attorney, costs escalate with attorney time |
| Long-term compliance | ✓ Higher — both spouses authored the agreement | Lower — terms imposed by external authority |
How It Works
01
Charles Geller explains the equitable distribution process in plain language, identifies the financial documentation both spouses should gather, and provides pre-session forms — so both parties enter the mediation focused on decisions rather than paperwork. Free, no obligation, by phone or Zoom.
02
Charles Geller guides both spouses through the complete inventory of marital assets and liabilities at ADR Mediation Center's Orlando office at 933 Lee Road, Suite 406, or via Zoom for couples across all 67 Florida counties. He introduces alternative settlement structures when discussions reach a stumbling block and closes the session after every asset and liability has been addressed and agreed upon.
03
ADR Mediation Center drafts the Marital Settlement Agreement, recording every agreed term of the asset division. Both spouses review the initial draft and identify any changes. Once a version is agreed upon, all documentation required by the court for filing is prepared and finalized in a dedicated signing session.
Initial consultation
Free — no obligation, phone or Zoom
Pre-session preparation
Asset inventory guidance and forms provided in advance
Typical session length
3 to 4 hours
Sessions required
Most estates: one session. Complex estates with businesses or multiple retirement accounts may require one additional session
Document review & signing
One dedicated 1-hour follow-up session
Session fee
Billed hourly, collected at the end of each session
Document preparation fee
50% before drafting, 50% on completion
Total cost
Typically less than the retainer fee for a single Florida divorce attorney ($3,000+ per attorney in litigation)
Why Orlando Families Trust ADR Mediation Center
Charles Geller combines 20 years of dedicated family mediation practice with 30 years of prior clinical experience as a therapist working with individuals and families through financial and relational transitions. He has resolved business valuations, pension splits, multi-property negotiations, and complex debt allocations for Orlando couples across all income levels — producing settlements that both spouses accepted, signed, and moved forward with.
"Every week a Florida divorce remains unresolved in litigation, attorney fees accumulate and marital assets shrink."
Florida Supreme Court Certified — Family, Civil, and Appellate Mediation
Diplomate Member, Florida Academy of Professional Mediators
30 years as a licensed clinical therapist working with families through financial and relational transitions
20+ years of dedicated family mediation experience in Central Florida
Established mediation referral relationships with Orange County and Seminole County Courts under the Ninth and Eighteenth Judicial Circuits
In-person in Orlando and via Zoom across all 67 Florida counties
Common Questions
Florida courts divide marital assets under the equitable distribution standard in Section 61.075, Florida Statutes. Judges begin with a presumption of equal division and adjust the distribution based on statutory factors, including the duration of the marriage, financial circumstances, and contributions of each spouse.
A Marital Settlement Agreement is a legally binding contract signed by both spouses that records every agreed-upon term of the divorce, including asset division, debt allocation, and financial obligations. Florida courts incorporate the agreement into the final judgment.
Marital property includes assets acquired during the marriage, regardless of whose name holds title. Non-marital property includes assets owned before marriage or received as gifts or inheritance. Non-marital property remains exempt unless commingled with marital funds.
Dissipation of assets occurs when one spouse intentionally wastes, destroys, or depletes marital assets during divorce proceedings or within 2 years before filing for divorce. Section 61.075, Florida Statutes, treats dissipation as a factor supporting unequal distribution.
Yes. Florida Family Law Rule of Procedure 12.285 requires both spouses to exchange mandatory financial affidavits disclosing assets, liabilities, income, and expenses. Full financial disclosure is required in all Florida divorce cases, including mediated settlements.
No. Florida divorce mediation allows spouses to negotiate alternatives to selling the marital home, including a buyout by one spouse, deferred sale agreements, or continued co-ownership under terms negotiated in the Marital Settlement Agreement.
Retirement contributions earned during marriage qualify as marital assets under Florida's equitable distribution law. Employer retirement plans require a Qualified Domestic Relations Order (QDRO) under ERISA, while IRA transfers incident to divorce follow Internal Revenue Code Section 408(d)(6).
The Marital Settlement Agreement assigns responsibility for marital debts to one or both spouses. However, creditors remain legally entitled to pursue either spouse listed on the account if the assigned spouse fails to make payments — regardless of what the agreement states.
Most couples complete equitable distribution during a two to three hour mediation session at ADR Mediation Center. Complex estates involving businesses, multiple properties, or retirement accounts may require one additional session — still completing resolution in days, compared to twelve or more months of contested litigation.
Yes. ADR Mediation Center provides virtual asset division mediation through Zoom for couples across all 67 Florida counties. In-person sessions remain available at the Orlando office located at 933 Lee Road, Suite 406.
Client Testimonials
Central Florida families who resolved complex asset and debt division through mediation — without the cost and conflict of litigation.
"We had a house, two retirement accounts, and a small business to divide. Charles helped us reach a fair agreement in three sessions. We saved tens of thousands in legal fees and kept the process private."
"I was terrified about losing my share of the retirement accounts. Charles explained QDROs clearly, made sure both sides understood the tax implications, and we left with a written plan we both felt good about."
"Our business valuation was the sticking point. Charles brought structure to the conversation and helped us agree on a buyout that kept the business running. I couldn't have navigated that in court."
Join hundreds of Central Florida families who chose mediation over litigation.
Get in Touch
Fill out the form below and Charles Geller will respond within one business day. All communications are fully confidential.
Get Started
Charles Geller at ADR Mediation Center usually resolves asset division for Florida couples in a single structured session — and produces a complete, court-ready Marital Settlement Agreement both spouses authored. Call (407) 834-5800 or schedule a free Zoom consultation. No attorney required to begin.
