Divorce and Family

Mediated Divorce: A Better Way of Settling Divorce and all Divorce-related Issues

Posted by on Dec 7, 2014 in Divorce and Family | 0 comments

Besides being complex, sensitive, financially draining and emotionally difficult, divorce is also a court procedure heard and witnessed by total strangers (in attendance in a courtroom) and decided by a family court judge. Besides the divorce procedure itself, there are other divorce-related issues that also need to be settled, such as division of assets, properties and debts, spousal support or alimony and, if the couple has a child, then, child custody, child support and visitation rights.

In many instances, it would require court hearings to settle a divorce case, specifically that wherein the spouses can not arrive at an agreement, deciding to battle it out with their partner (or former partner). Once a divorce case has been filed in a court, couples should understand that all decisions are, thereafter, entrusted to the judge, who shall make decisions that are final, whether or not these are agreeable to the concerned spouses. A judge may alter a court decision, though, after the party requesting for an alteration has new evidences. An example of this can be a request for an increase in the amount of spousal support or child support due to a considerable increase in one’s salary or a promotion.

Many couples, however, are beginning to see the divorce process as nothing more than a source of too much stress, and a costly and lengthy procedure. And, if given a choice whether to leave all decisions to a judge or to arrive at an agreement based on their own terms, many are willing to forego a chunk of their interests in consideration of the interest of the other. Towards a more friendly settlement, therefore, many are rather choosing to settle divorce through a process called “mediation.”

According to the divorce attorneys of Marshall & Taylor PLLC, in a meditated divorce, the spouses are encouraged to choose and make decisions that they’ll both find agreeable – and these decisions encompass all issues that need to be settled. Since everything is settled amicably, the whole process becomes much less painful and much less stressful too. Mediation is also less costly (as there are no more court fees to settle) and much shorter (some last only after a few hours compared to a court hearing, which takes weeks or months). It also guarantees confidentiality and compliance of the spouses.

There are no spectators in a mediated divorce. All decisions are known only to the spouses and their chosen mediator, whose task shall only be to guide the spouses through all issues, offering (but never imposing) his/her opinion at times.

On its website, the BB Law Group PLLC, points out some of the greater advantages of mediated divorce over those that are settled in court. Through mediation, spouses are able to maintain a more positive relationship and are able to make sure that all decisions are based on one’s capabilities and for the good everyone, especially the child.

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