Pre-Divorce Mediation: A Way to Divorce Amicably
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In these tough economic times, where people are trying to save money and want to have an amicable divorce, an excellent way to do this is through a pre-divorce mediation package. I have handled several of these successfully, and would like to explain how it works.
Both the husband and wife meet with an attorney who specializes in family law and is also certified as a mediator, as are all of the attorneys at Gornbein Smith Peskin-Shepherd. An agreement is reached at the first meeting that the attorney will be acting as a mediator and will not be representing either the husband or wife in the divorce. The role of the attorney will be to meet with the parties to cover all issues in the divorce in an effort to help them resolve everything in an amicable fashion.
The mediation process endeavors to address issues related to child custody and child support, parenting time, medical insurance, medical expenses, spousal support/alimony, division of property, and such like. Of particular salience in divorce proceedings is the division of property, which includes the distribution of marital home, all savings and investments, 401Ks, pensions, automobiles, personal property, and any other assets. As well, the division of property deals with the handling of debts-such as credit cards, home equity lines, and mortgages. In pre-divorce mediation, care is taken to ensure transparency on all matters financial: under oath, both husband and wife are asked to list the assets and liabilities in their possession. Amicably, with husband and wife weighing their claims against each other, the divorce moves towards resolution.
However, should resolution become impossible through mediation, then the mediator steps aside and the divorce parties can resort to litigation if they so choose.
On the other hand, if the mediation is successful and every issue is resolved, then a settlement agreement is drafted. The settlement agreement is then sent to each party's attorney (of choice) for review. In some cases, however, everything is pre-packaged and the pleadings are drafted by the mediator for each party to appear In Pro Per (without attorneys). The parties then go through the legal system without the need for attorneys and at no additional expense, other than the normal divorce filing fees. Meanwhile, the mediating lawyer monitors them through the system, again, with the understanding that all documents can at any point be reviewed by independent attorneys of the husband and the wife's own choosing.
As the foregoing paragraphs reveal, pre-divorce mediation minimizes the cost of divorce, especially attorney fees and the time spent in the legal system. The emotional cost of divorce is also minimized. Of course, mediation does not take away the pain of divorce. However, the cordiality of mediation proceedings, as opposed to the caustic nature of divorce litigation, limits confrontation and facilitates healing.
Article Source: Articlelogy.com
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