Is Divorce Mediation a Good Option for You?
Divorce mediation is beneficial to many couples in that it allows both parties to avoid drawn-out, contentious court hearings, as well as the lengthened discovery processes and the larger expense associated with divorce litigation. But is it a viable option for your case?
The answer to this question varies based on the circumstances of your relationship. You will likely only find success in mediation if all or most of these circumstances exist:
- Both spouses have agreed to divorce: If the decision to divorce is mutual, the process is already much less likely to be contentious. Having both spouses agree that divorce is the best path forward can make negotiation and cooperation easier.
- You both cooperate in producing financial documents: One spouse being less than forthcoming with regard to finances can quickly complicate matters during a divorce. Both spouses must be willing to share all financial information related to bank accounts, pensions, stocks, retirement accounts and other assets and debts. In many cases, one spouse is much more familiar with assets and debts than the other.
- You agree to custody terms: Child custody is perhaps the most contentious issue of all in a divorce. If you are able to set aside your differences and come to an agreement on your own custody arrangement that is in the children’s best interest, you can reduce the time and energy you spend on your divorce.
- You agree on the biggest property division issues: Again, the more you can agree on potentially contentious issues, the more likely you can benefit from divorce mediation. The biggest challenge with regard to property division are likely to be what happens to the home and other valuable assets.
For more information on whether can move forward with divorce mediation, work with an experienced divorce attorney at Bryan L. Salamone & Associates.