Divorce is an emotional time for both parties, even if you agree that is the best course of action for your situation. When you don’t agree on the division of assets and liabilities, child custody and visitation, and spousal and child support, you may have to litigate, making a stressful situation more stressful. However, you can complete the divorce process without litigating by retaining Allison & Mosby-Scott in Bloomington. Our mediators provide caring help when you need it most, including alternative methods to stressful litigation.
Coming to an Agreement
If you and your spouse can come to an agreement on all outstanding issues, the mediator will draft a settlement agreement. The agreement is then incorporated into an order or a final judgment of dissolution of marriage. You will avoid what could be a lengthy trial.
Even if you cannot come to an agreement on every issue, you can come to an agreement on some issues during mediation. You will have to attend a trial; however, you will only litigate those matters that were not settled during mediation.
Mediation and Domestic Violence
Some couples going through divorce may also have domestic violence issues. This is always a concern with a husband or wife who doesn’t want to be in the same room with an abusive spouse. You can still mediate under these circumstances. Just let your mediator know that you are not comfortable being in the same room as an abusive spouse; and they will make arrangements to keep you in separate rooms.
Cost of Mediation
The cost of mediating is usually less than the cost of preparing for and attending a trial. The mediator charges a certain fee per hour and this varies with each mediator. If you can come to even a partial agreement, that means you spend less time before the judge – that saves you money.
Furthermore, if you can agree on such things as division of assets, you may save money as opposed to letting the court decide. The court will try to make an equitable distribution and that may cost you in fees if the court divides certain retirement accounts.
Even if you think your spouse won’t agree on anything, it is always worth trying to come to an agreement during mediation as the professionals involved will explain to each of you the benefits of the dividing assets a certain way or choosing the best custody and visitation schedule to save you and your spouse money.