Divorce is often messy. The divorce process can be lengthy and require a bitter and protracted court battle. If you have children with your spouse, a contentious divorce can be especially damaging and make co-parenting a challenge after the separation. Fortunately, a divorce mediation lawyer may be able to help you resolve your divorce before going to court.
At The Aberdeen Law Firm, we have advised countless clients during the mediation process to ensure that their best interests are protected. Reach out to us today by giving us a call, using our chat tool, or completing our online contact form and schedule a free consultation with a divorce lawyer from our team.
What Is Divorce Mediation?
Divorce mediation is a way to potentially avoid going to court to settle your divorce. During mediation, your spouse and you will sit down with a certified mediator, who serves as an independent third-party negotiator, attempting to help you find mutual ground and come to terms on a divorce settlement.
While hiring a divorce lawyer to help with the mediation process is not required, doing so will help protect your interests and give you the best chance of reaching terms that you find satisfying.
In addition to speeding the process along and saving both parties money, mediation can also help minimize the bad blood that can result from a divorce. Remaining on relatively good terms with your ex is especially important if you have children together and will have to interact frequently. A contentious divorce trial can be difficult for everyone.
The Difference Between Divorce Mediators and Divorce Mediation Attorneys
A divorce mediator is an independent third party who is solely focused on resolving your case and has no interests invested in either of the divorcing parties. Divorce mediators are trained and certified to help divorcing couples find terms for the divorce that are acceptable to both sides. Mediators do not offer legal advice but simply work to help reach an agreement.
Meanwhile, divorce mediation attorneys work for you during mediation proceedings. A divorce mediation lawyer will help advise you of your options and ensure that you don’t end up sacrificing things you do not have to lose in your divorce. Your mediation divorce lawyer will advise you before and during the mediation process to help secure a favorable outcome.
In addition to advising you throughout the process, the divorce mediation attorneys at our firm can also complete and submit legal documents and review the details of any agreement before you sign. If a resolution can not be reached during mediation, your divorce mediation lawyer will represent your best interests through litigation.
Benefits of Divorce Mediation
There are many potential benefits to settling your divorce through mediation. It is always advisable to use mediation to reach an agreement with your ex if possible.
Saving Money
Going to court is expensive. The trial process for a divorce can be long, and you will continue to rack up legal fees throughout. Because of this, even if the judge in your trial were to side with you and award you more than you would get in mediation, you may still end up with a diminished return after paying all your legal fees.
Minimizing Conflict
Going to divorce court can get ugly in a hurry. A messy divorce can be painful for all parties involved. If you have children, they can end up getting dragged into the process with demands for them to take sides. Coming to terms through mediation can minimize the harm to your relationships with your ex and children.
Minimizing conflict is especially important if you continue to interact with your spouse after the divorce, such as in co-parenting situations.
Quick Resolution
When going through a divorce, reaching a quick resolution can be critical. Nobody enjoys the divorce process, and the quicker it can get resolved, the better.
Keep Things Private
When divorce proceedings go to trial, they become public records. However, if you are able to settle your divorce through mediation, you can keep the details of the agreement private.
Even Partial Success Can Be Beneficial
Even if you are unable to completely resolve your issues through mediation, any terms of your divorce that you can come to an agreement on will help to minimize what needs to be settled in court.
The terms you and your spouse agree to during mediation will be drawn up in a mediation document. If both parties sign, the terms of the agreement will be finalized by the court and become legally binding.
Matters to Settle Through Mediation
Every divorce is different, and the details that need to be worked out will vary from case to case. However, some of the most common issues that are settled through mediation include:
- Division of property
- Child custody
- Alimony
- Child support
Division of Property
If your case proceeds to court, your marital property will be divided in a manner the judge deems to be fair. However, what they decide may vastly differ from your view of a fair split. When you hire a divorce mediation attorney, they can help you understand how a judge is likely to divide your marital property if you go to court.
The divorce mediator will also review the division of assets the court will likely choose. Understanding this can help motivate both you and your ex to come to an agreement in mediation that assures you both get the things that are most important to you.
Child Custody
Determining the custody of your children, if you have them, tends to be the most important decision after a divorce. Leaving this up to the courts can result in an agreement that meets the best interests of nobody. In mediation, you can potentially work out a personalized custody plan that meets the unique needs of you, your ex, and, most importantly, your children.
Alimony
Alimony is not granted in every divorce. However, this money can be paid if the financial means of one party greatly exceed those of the other. A mediator can help you reach an agreement about any alimony that will be paid after your divorce.
Alternatively, you may come to terms on a deal that foregoes alimony in exchange for certain assets.
Child Support
Child support is awarded based on state guidelines. The terms you reach with your former partner regarding child custody will go a long way to determining how much will be paid in child support.
Speak With a Divorce Mediation Attorney Today
It is critical to secure the services of an experienced attorney when going through divorce proceedings. At The Aberdeen Law Firm, we have a long history of helping our clients reach divorce agreements that work for them, both through mediation and in court. We will represent your interests during the mediation process to get you the best possible outcome.
Contact us today by phone or through our website to schedule a free consultation with a member of our team.