3 Important Issues To Prioritize During Divorce Mediation

Posted on: 27 October 2016

When a marriage comes to an end, you may suddenly wonder how well you ever knew your spouse in the first place. Most divorcing couples surprise one another with how they handle the situation in one way or another. If divorce is inevitably looming in your future, it's best to opt for divorce mediation rather than divorce court. Your family law attorney will be able to help you decide if it's in your best interest to go the route of mediation, but it is best for many situations. It allows both you and your former partner to have more of a say and more easily work toward an amicable agreement. Before you go into mediation, though, consider what you want on key issues. Also, make sure you work with lawyer to determine how much you are willing to compromise on these issues.

Issue #1: The Kids

There's a myth that having children suddenly makes marriages happier, but that is not the case. In fact, marital satisfaction can drop considerably after the birth of a child. The love that a parent has for a child is undeniable though, and working out the details of how to handle things with your children is likely going to be your top priority in the divorce. Consider the custody arrangements that are preferable to you and which ones are acceptable. Also, think of the child support that's going to be necessary and what visitation rights will be.

Issue #2: Real Estate

Your family home was likely the backdrop to some of the most significant moments of your married life. It may contain millions of special memories, but it may also remind you of the worst memories of how the relationship unraveled. During mediation, you and your former partner will need to decide things like whether one spouse will continue to live in the family home. If so, it's necessary to determine how the other spouse will be compensated. Other real estate must also be divided.

Issue #3: Financial Concerns

When you are leaving a marriage, you need to consider both the assets and debts that you will take with you. This can get extremely complicated, and it is a common reason that mediation falls apart. By preparing for this part of the mediation process, you can increase the odds that you and your ex can work things out. Look at the joint assets and try to objectively assess how they should be divided. You should identify what you brought into the marriage and what was obtained during the partnership. The debts also must be assessed, and it's important to determine which spouse will take responsibility for which debts.

Finally, keep in mind that you and your ex may continue to be tied together in a variety of emotional, financial, and legal ways. That's even more inevitable if you had children. Anger doesn't necessarily end just because the marriage does. Mediation can empower both you and your almost ex-spouse to address your concerns in a peaceful way and come to conclusions that are mutually beneficial for both parties.