What is Divorce Mediation?
Divorce Mediation provides divorcing spouses with the opportunity to resolve contested issues before they file for divorce. It is a voluntary process where a third-party neutral helps divorcing spouses negotiate with one another by facilitating communication between them and helping them to identify the needs and interests of both themselves and their children. Divorce mediators are generally familiar with divorce law and provide divorcing spouses with information useful to making informed decisions regarding the custody and support of their children, the distribution of marital debts and assets, spousal support and grounds for divorce.
What topics are covered in Divorce Mediation?
1. Child Custody & Child Support
2. Distribution of Marital Assets & Responsibility for Marital Debts
3. Spousal Support
4. Grounds For Divorce
What is the typical schedule of topics?
First and foremost, if a divorcing couple chooses to mediate, they must know it is THEIR mediation. Because it is THEIR mediation, the schedule will unfold in a manner in which the divorcing couple sees fit. However, as a guide, this firm recommends, the best way for a divorce mediation to unfold is as follows:
1. Child Custody
2. Child Support
3. Distribution of Marital Assets
4. Martial Debts
5. Spousal Support
6. Grounds For Divorce
This firm recommends that issues involving the child be addressed first because I find that what is paramount in most divorces is the well being of the children and by addressing those issues first, we can ensure that the needs and interest of both the children and the parents are being met. However, again, this is YOUR mediation and there may be issues that are pertinent and must take precedence of all other topics of discussion.
What is the typical schedule of a mediation session?
Typically, most divorcing couples work during the day and may find it beneficial to conduct their sessions during the evening or even on the weekend. Other couples prefer conducting the mediation before work. One goal in divorce mediation is to be attentive to the needs of the divorcing couple. In accordance with that goal, this firm is generally available both during and after work hours in addition to weekend hours.
What is the typical duration of a session?
Typically mediation sessions last no longer than 2 to 3 hours. However, based on several different circumstances this may vary.
What is the typical duration of the entire mediation?
The duration of the entire mediation varies based on the complexity of the case. Generally speaking however, the entire mediation may take anywhere from 6 to 12 sessions over the course of 2 to 3 months.
What happens after the mediation?
The terms of the mediation will be incorporated into a Settlement or Separation Agreement and the divorcing spouses will each have an opportunity to review those terms, this may be done with or without the representation of an attorney. After each spouse has reviewed the agreement, if there are no edits or discrepancies, each spouse will sign the agreement.
Am I legally divorced after the agreement is signed?
After the agreement has been signed you are not legally divorced. However, assuming that all contested issues concerning child-custody, child-support, distribution of assets, marital debt, grounds for divorce, and any other miscellaneous issues were resolved during the mediation, you may then proceed to file for an uncontested as opposed to contested divorce.
When is Divorce Mediation available?
Divorce Mediation is available at any stage prior to or during the divorce.
Do I need an attorney during the Divorce Mediation?
One of the benefits of divorce mediation is that there is no requirement that an attorney represent you at any stage of the mediation. You are of course entitled to have an attorney represent you, but that is within your own discretion. It is highly recommended however that you seek the assistance and advice of a review attorney after a Settlement or Separation Agreement, the document setting forth the terms of the divorce, has been drafted.
Do I need the assistance of any other third-party?
At any point in the mediation, it may be to the benefit of the respective parties to seek out third-party assistance from neutral professionals such as tax consultants, appraisers, financial investment consultants or analysts, child therapists or psychologists. For the convenience of the parties, this firm does maintain a roster of neutral professionals whose services are available. Third-party neutral professionals generally charge a flat fee or on a per hour basis for their services. Please note, that this firm does not receive a referral fee from any of the third-party neutral professionals, nor do they have any proprietary or ownership interests in this firm.
This Firm is Here to Help
If it is unclear whether divorce mediation is the correct divorce option for you, call this firm today for a free case evaluation at (877) 631-7919, or click the link below to process you inquiry electronically.
Please note that the sole purpose of the Free Case Evaluation is to assist individuals in determining the divorce option most suitable for their individual needs and interests and that submission of any information through the use of any forms contained on this site does not automatically create an attorney/client relationship.