Five Stages Of The Mediated Divorce Process

If you're considering a path that leads toward divorce, you may be wondering exactly what that would entail. There are several flavors of divorce that you can choose between, and one of the least antagonistic and stressful types is mediated divorce. You're lucky if you're in a situation where mediated divorce will work out. If you think you are, here are five stages of the process once you've decided to start in on the process of obtaining a divorce.

1. Analyze your relationship and living situation If you have an extremely poor relationship with your spouse, mediated divorce may be difficult to navigate. Since it's a type of divorce where you and your spouse work out the details of the settlements between you with only the aid of a neutral third party and optional legal counsel from your lawyers, mediated divorce requires a high degree of cooperation. You'll have to set aside your feelings about the other person and why you've decided to split up while you work through the process. For this reason, mediated divorce may not be the best choice in certain specific situations, such as those that involve domestic abuse.  

2. Find a neutral third party to mediate for you "Neutral" means someone who doesn't have an attachment to either party. This means you'll need to choose someone you don't already know. You should only choose a reputable, high-rated mediator for best results. Although a mediator may have legal training, it's important to remember that he or she can't give you legal advice.  

3. Set up structured mediation talks Once you've engaged a mediator, it's time to get down to business. You, your spouse, and your mediator will meet together to discuss the terms of the divorce. You'll need to bring a list of specific things you want to talk about as well as all your financial paperwork that has to do with debts, assets, income, and so on. Once you get to the session, your mediator will help guide the discussion and, if you haven't already done so, help you make decisions about your divorce filings.  

4. Hire a lawyer if you want legal help Because the mediator can't give you legal advice, it's important to retain your own lawyer if you want to receive legal advice during the process. It's even possible to have your lawyers present at a mediation session in case you need legal advice during the discussion, so be sure to retain your lawyer before the mediation sessions start.  

5. Talk through your concerns and come to an agreement on the settlements While you can expect your mediator to help guide the discussion and make sure everyone has a fair say, you'll need to be able to come to a compromise on the divorce settlements. Especially if you have children, it will be impossible for each partner to get everything he or she wants, so be prepared to make concessions.   

These five steps will take you through the decision process, finding a mediator, and attending your mediation sessions in order to come to a mutually beneficial arrangement. If you suspect that mediation is the way to go, be sure to talk it over with your partner to make sure you're both on the same page before you dive into the process. For more information, contact local professionals like Nelson, McPherson Summers & Santos LC.

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