Divorce – Mediation

Take away the complexity of the divorce process, what remains can be an emotional and demoralizing experience heard and decided by a judge in a court where anyone can sit in to witness the whole procedure. But besides the divorce process itself, there are also the many other issues, such as spousal support, division of assets, properties and debts, and child custody, child support and visitation rights, which can be equally stressing, especially if one spouse would try to prove that the other is an unfit parent to the child.

It cannot be argued that it would require court hearings in order to settle some divorce cases, specifically those wherein divorcing couple could not agree and choose not to give in to each other’s demands or wishes. Once a divorce case is filed in a court, however, couples should know that when a judge makes his/her decision, such is final, whether or not any of the spouses finds it agreeable (a court decision may be changed by a judge, though, after the party requesting for a change is able to present new evidences that will substantiate his/her claim. One example is a request for an increase in the amount of child support due to a promotion, and a considerable increase in the salary, of the obligor or non-custodial parent).

There are divorcing couples, though, who choose to maintain the privacy of their marital problems and prefer to make their own decisions on all matters that they need to settle. Towards this means of settling divorce the BB Law Group PLLC, explains in its website the (now popular) process called mediated divorce and why spouses should opt for it instead.

In mediated divorce the spouses may still choose to be represented by their respective lawyers. There is a need, however, for a mediator (chosen by the spouses themselves), who will guide the spouses through all issues. Though offering his or her opinion at times may be done by the mediator, he/she can never impose anything on the divorcing couple.

Mediation is designed to allow couples arrive at decisions that would be most agreeable to them in all the issues that they need to settle. And, not only are the spouses encouraged to settle everything amicably, but the whole process becomes less painful and stressful for them too. Mediation, likewise, reduces cost (since it may last only hours unlike a court proceeding, which can take weeks or months), ensures confidentiality (as everything that transpires is made and known only by the spouses and the mediator; there are no spectators, unlike in a court setting), and guarantees compliance of the spouses (since the decisions were products of mutual consent).

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