Divorce is hard. There's no way to make this emotionally challenging time a walk in the park, but there is one way to make it simpler: hire a good attorney. A divorce attorney can act as your go-between during the proceedings, which minimizes the contact you need to have with your ex-spouse. Overall, this can lead to fewer arguments and a settlement that is more fair for all parties involved. If you're on the brink of divorce, we think reading a little more about divorce attorneys on this blog will be helpful. That way, you are prepared for what is to come.
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If you and your spouse are considering divorce, you may have heard of the option of divorce mediation. Going through divorce mediation allows you to skip the family court system and all the stress associated with standing before a judge, and it also allows you and your spouse to settle your divorce in a way that's most acceptable to both of you.
During the process, you'll both sit down in a safe environment with a trained mediator to discuss how to divide your finances and come up with a custody-sharing arrangement. If you're unfamiliar with divorce mediation, read on to learn more about what mediators can do and what they can't do.
What Do Divorce Mediators Do?
When you go through divorce mediation, a trained mediator will help you and your spouse come up with a legal agreement outlining the specifics of your divorce that you're both comfortable with. The legal agreement includes the most important facets of the divorce: how to share custody of your children and how to split your assets and your debts.
Unlike obtaining a divorce through court, you're never forced into anything during divorce mediation. A divorce mediator isn't a judge, so there's nothing that they can compel you to do. The purpose of mediation is to provide you and your spouse with a calm, neutral environment where you both are allowed to speak freely and find a mutual agreement about how to settle your divorce. Divorces are emotionally charged, and providing a neutral environment allows you and your spouse to make sure you both get what you want from the settlement without it turning into a heated argument.
What Can't Divorce Mediators Do?
While the fact that a divorce mediator isn't a judge has its benefits in creating a stress-free environment that helps you and your spouse find a mutually agreeable solution, it does have its downsides. If you think that your spouse may be hiding assets like an inheritance from a distant relative, there's no way for a divorce mediator to force them to reveal this information. Only a court order can compel your spouse to disclose all of their finances.
Likewise, divorce mediation requires you and your spouse to be on speaking terms. It doesn't require you to have a perfect relationship, but it does require you to be able to talk to each other and try to come up with a divorce agreement together. Some circumstances that can lead to divorce, such as physical abuse or drug addiction, may make it impossible for you and your spouse to work together. In this case, going through court and minimizing the contact you have with each other may be the better option.
In all other cases, however, there's no downside to trying out divorce mediation as your first option. While judges in family court attempt to distribute custody and finances equitably, they don't know you or your spouse's desires or your marriage history. Divorce mediation gives you and your spouse to come up with a legally binding agreement that you're both happy with. When you decide to go through court instead, you're relying on what the judge assigned to your case thinks is best.
If you're currently divorcing your spouse, it's a good idea to try divorce mediation first in order to have the greatest chance of splitting your finances and custody of your children in a way that's amenable to both of you.
For more information, contact a company such as Effective Divorce Mediation LLC.
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