Do you face divorce mediation? Here’s your essential divorce mediation checklist to guide you through the process.
On their wedding day, couples usually envision spending the rest of their lives together. So an early end to their marriage can emotionally daunt and scar both.
The divorce process usually involves agreement on asset distribution, child custody, spousal support and other aspects.
A divorce mediation checklist notes the possibilities, so you and your spouse can reach an amicable agreement. When drafted accordingly, the checklist helps dispel emotional and financial fears.
Here are some considerations when you prepare your list:
Budget Expenses in Your Checklist
Mediation guarantees long-term results for couples who decide to divorce. Unlike a court trial, the process is affordable and confidential. Mediation can end with a settlement agreement by both parties or a resolution based on their needs and wishes.
To initiate the process, hire an experienced divorce mediator.
Though a divorce lawyer guides you through the legal aspects of your divorce, the mediator helps you avoid future conflicts. You should schedule consultations with several divorce mediators to gauge their fees.
Hire an affordable one once you and your spouse are open to negotiations.
Possible Session Lengths
The question most spouses ask about mediation is how long it will take for them to reach agreement. Typical mediation sessions take one to two hours, depending on the number and complexity of the issues discussed.
Your mediator can usually lengthen sessions as needed to help you and your spouse resolve conflicts. Expect the mediator to produce an agenda for each session.
The mediation process may take hours, days or weeks because it addresses smaller conflicts than the divorce itself. Your mediator can draft a divorce agreement with your attorney’s help once your sessions end.
You and your spouse or partner get to review the agreement before your attorney files it with the court.
Legal Custody
In the law, the term “legal custody” implies a particular parent legally decide how to raise a child. Legal custody gives that guardian authority to manage the child’s welfare, including education, dental and medical care, and location.
Most child custody trials result with parents sharing legal custody.
A guardian can be denied those rights if he or she can be proven for domestic violence, child neglect and/or drug abuse.
Your divorce attorney should help you get the legal custody of your child. With such rights, you can address other important divorce matters.
Physical Custody
Before you approach a lawyer to help you get full visitation rights to your children, you and your spouse should approach a mediator.
The divorce mediation process, in this case, involves agreement on which guardian will live and care for the child daily. In most court-approved custody agreements, only one parent can live “permanently” with their children.
A mediator will listen to both of your opinions on physical custody and recommend an effective solution.
Unlike a court ruling, divorce mediation helps assure you’re both content. The process aims to give you the peace of mind you need while you split with your spouse.
Distribution of Shared Property
You should include asset distribution on your divorce mediation checklist. The principles of equitable distribution are followed in most states across the U.S.
They involve the division of marital property. Before you seek a divorce attorney’s help to split your property per state law, consider consulting a mediator.
The mediator can help solve conflicts that arise from asset distribution.
Spousal Support
Spousal support doesn’t stop when your marriage ends by signing the divorce papers. Most marriages have one spouse who’s more financially successful than the other.
When you pursue divorce, you’re entitled to spousal support (alimony) if you’re less financially stable. If disagreements arise, consult a divorce mediator.
The mediator will help you understand how alimony enables the recipient to be financially independent. The mediator tries to get one spouse to share the imbalance in wealth with the other.
The process should end with a spouse who agrees in writing that they’ll pay alimony.
Co-Parenting Communication
While you and your spouse will live separately after the divorce, you’ll still need to share how your children, if you have any, are raised. Expect your relationship to drastically change after the divorce.
Effective communication can minimize the chances of conflict and misunderstanding.
You should agree on new rules and set boundaries on how you’ll effectively raise your children. You’ll need a divorce mediator to help you reach agreement on the co-parenting communication modes to use.
Your mediator will explain why the absence of communication makes co-parenting difficult.
You’ll be guided through strategies to make co-parenting work even if you disagree on many issues or don’t like each other. You’ll learn how you must work together to assure your children to live better after the divorce.
Seek Professional Help for Checklist
The goal of a divorce mediation checklist is to help you note those issues your divorce mediator should address. Divorce mediation be ideal for you and your spouse if you’re willing to have an expert assess your issues and help solve your personal conflicts.
The mediator works as a neutral third party who offers advice rather than makes decisions for you.
When you seek legal counsel for your divorce, make sure you choose a firm that’s right for you. If you’re in Douglas County, we can help. We offer quality legal representation in areas like family law, divorce and bankruptcy, among others.
Call (402) 415-2525 or Book an appointment online with us for free to see how we can help you.