Divorce Mediation FAQs
Why Should I Choose Divorce Mediation?
Divorce mediation is a cost-effective and less time-consuming alternative to traditional divorce proceedings. It allows both parties to reach an agreeable resolution without the stress of lengthy court proceedings. It also helps both parties communicate more openly, minimizing the potential for anger and hatred, which can be beneficial when decisions involving children, finances, and property division must be made.
How Does Divorce Mediation Work?
Divorce mediation is a form of dispute resolution that involves both parties, their respective attorneys, and an impartial third-party mediator. The mediator will guide the parties through conversations about their issues, helping them to reach a mutual agreement whenever possible. This process helps them craft a comprehensive settlement agreement that considers both parties’ legal requirements, goals, and interests to create a workable solution.
What Can Be Decided in Divorce Mediation?
Divorce mediation can decide matters such as the division of property and assets, alimony, child support and custody, visitation schedules, and other divorce-related issues. It allows couples to decide on their divorce settlement without going through the legal system.
How Long Does Divorce Mediation Take?
The total length of the divorce mediation process varies greatly depending on the case's complexity, time availability of all parties involved, and ability to negotiate. Generally, an entire mediation session can take one to two hours or longer if needed. The overall length of the process depends on how many sessions are needed to reach an agreement.
How Much Does Divorce Mediation Cost?
The cost of divorce mediation can vary depending on the complexity of the case and the length of time it takes to reach an agreement. Generally, mediation can involve fees for both sides and costs related to preparing court documents and filing fees. For a quote, contact our office today.
Does Divorce Mediation Require a Retainer?
It depends on the specific divorce mediation process being used. Some family lawyers and mediators may require a retainer, while others may not.
What are the Benefits of Divorce Mediation?
Divorce mediation offers many benefits, including a faster and less expensive process overall and more control over both parties' outcomes. Additionally, since it is a private, voluntary process, it helps to preserve family relationships and keep the focus on finding mutually beneficial solutions instead of creating further animosity.
Are All Divorce Mediators the Same?
No, not all divorce mediators are the same. They can have different skills, experiences, and specializations that could benefit your situation. It is essential to research and find a mediator that you feel comfortable working with, as they will play an essential role in helping you achieve a successful outcome.
We Don't Get along Well – How Can We Possibly Mediate a Divorce?
Mediation is a great way to work through the challenges of getting a divorce without going to court. A neutral mediator can help each party communicate their needs and understand the issues. It gives both sides an opportunity to be heard while also considering any factors like custody, division of property, and other important matters that may need to be addressed. Ultimately, it allows you to handle your separation efficiently and respectfully.
Are There Different Approaches to Divorce Mediation?
Yes, there are different approaches to divorce mediation. These can include traditional mediation, collaborative divorce, and facilitated decision-making. Each approach focuses on working with the couple to create a plan to resolve their divorce issues in a non-adversarial manner.
Will We Have to Appear in Court if We Do Divorce Mediation?
No, divorce mediation is typically conducted outside of court entirely. You will not need to appear in court unless an agreement cannot be reached or if further legal proceedings are necessary.
Will I Be In The Same Room as My Spouse During Divorce Mediation?
No, you do not have to be in the same room as your soon-to-be ex-spouse during divorce mediation. Many uncontested divorces can be in the same room, but we will keep you and your spouse separate in cases with strong emotions or safety concerns.
What is Online Divorce Mediation?
Online Divorce Mediation is a process of professional dispute resolution which helps couples negotiate and agree on the terms of a divorce without needing to go through the court system. This process typically involves divorcing parties and a skilled mediator to ensure that the negotiations remain constructive and each party is adequately represented. Through this process, couples can create an amicable settlement that works for both rather than leaving it up to a judge or jury.
What is a Qualified Domestic Relations Order?
A Qualified Domestic Relations Order (QDRO) is a court order mandating the division of money from an employer-sponsored benefits plan (e.g., pension, 401(k), profit sharing plans) between two parties who share a common interest in that plan, such as spouses during a divorce. This court order allows the non-employee spouse to claim ownership rights over their fair share of the assets in the plan without impacting the employee’s right to all future contributions to the plan.
What Happens When Both Spouses Have 401(k) Plans and/or IRAs in a Divorce?
When both spouses have 401(k) plans and/or IRAs in a divorce, the court may consider them as marital assets to be split between the parties. The court may also order that all or part of one spouse’s retirement account be transferred to the other spouse as part of a property settlement. This transfer must be done through an appropriate process, such as a Qualified Domestic Relations Order.
Once the Divorce is Final, Does That Mean Everything is Over?
A final divorce judgment can still lead to legal disputes between former partners, such as modifications to child custody, child support, or alimony.
I'm Having Trouble with My Divorce Lawyer, Can a Mediator Help?
Yes, a mediator may be able to help with your divorce lawyer. Depending on the nature of the dispute, a mediator can act as an independent third party who will work with both parties to assist in resolving any disputes or disagreements while maintaining privacy and neutrality.