People often brace themselves for litigation when they are on the verge of divorce. They assume that they must go to court to resolve their disagreements. However, many people are able to settle their disagreements about property division or custody matters without litigating.
Divorcing couples have the option of filing uncontested divorces where they set their own terms. It can be very difficult to reach agreements on key divorce issues while the relationship is in a negative place. Spouses can agree to attend mediation as a way of resolving their disagreements about an upcoming divorce. Working with a neutral mediator may make it easier to resolve disagreements about property division, child custody and financial support.
What types of preparation are usually necessary if spouses want to mediate disagreements instead of litigating?
Learning about the divorce process
State statutes govern the outcome of litigated divorces. While mediation can lead to a settlement that deviates from what the courts might decide, understanding the law is critical for successful mediation. Spouses need to comprehend what assets are part of the marital estate and how community property rules could affect the asset division process. They may need insight into the rules that apply to child custody disputes and alimony. Understanding what is likely during litigation can be important for people preparing for mediation.
2. Evaluating financial records
Mediation often forces spouses to focus on specific details regarding property division. Familiarity with the status and value of marital assets, as well as the extent of marital debts, can be beneficial for those preparing for divorce mediation. People who understand what resources they have to divide and what debts they may share with their spouses can more effectively counter proposed terms suggested by their spouse. They can identify issues, such as undisclosed or undervalued assets, and address those concerns during the mediation session.
3. Developing big-picture goals
People who are aware of what resources they have to divide and what the law might require if they litigate can establish clear priorities to focus on during divorce mediation. Spouses who participate with clear priorities in mind and who share that information with their lawyers are less likely to end up mired in emotional disputes that ultimately have minimal long-term impact on their financial recovery after the divorce.
Properly preparing for divorce mediation can increase the chances of success and lead to a better divorce outcome. An attorney can play an important role in helping a divorcing spouse navigate the challenges of divorce and the mediation process.