Divorce Mediation May Be Better Than Going To Court And A Way To Get What You Want From Your Divorce
If you've decided to divorce your spouse, consider trying divorce mediation first. In some cases, mediation might be ordered by the court. But if it isn't, it could be a better alternative than fighting your issues out with a judge. Here's some information about divorce mediation that you should know.
You Don't Need A Lawyer
When you go into mediation, you don't need lawyers. The only time you want to get a lawyer is if your spouse insists on getting one. If your spouse brings along a lawyer, then you want one, too. However, as long as you and your spouse agree not to hire attorneys for the mediation, you won't need lawyers since they aren't required. Instead, the divorce mediator helps you and your spouse communicate on issues and come to compromises you both agree with.
You Settle Major Issues During Mediation
One reason divorce mediation is a good alternative to going to court right away is that you and your spouse get a chance to work out issues you are both okay with. You'll come to an agreement on child custody and visitation rights as well as finances and division of property. If you bypass mediation and go to court, the judge can force decisions on you that you are not happy about.
You'll Still Need To File For Divorce
You'll still have to go through the process of filing for divorce, but you'll have paperwork filled out by the divorce mediator that outlines your agreements. The mediator may even file the documents for you so you can have a speedy, uncontested divorce with results you and your spouse can live with. Divorces can often be long and drawn-out processes, but when you've settled things up front, you can speed up the proceedings and have your divorce over with sooner.
Your Mediation Might Fail
While the goal of divorce mediation is to have a successful conclusion, it's possible mediation will fail if you and your spouse can't agree on certain issues. Still, mediation might be worth trying. You can enter divorce mediation before or after you file for divorce, and you can quit if it becomes obvious you can't agree and you need a judge to step in and make decisions for you. If you drop out of mediation, you'll need to go through the longer process of a traditional divorce.
You'll need to prepare for mediation just as you would for divorce with copies of financial documents and other information the mediator may need. Mediation might be stressful if you and your spouse are not on good terms and you have a large estate to settle. However, it may be less stressful than going through court without having tried mediation. If you and your spouse are still friendly, then mediation might be swift and easy, which is a good way to get through the divorce process.
For more information on divorce mediation, contact a professional near you.