How to Seek Mediation In a Divorce

Divorce is prevalent in today's society. Divorce can be downright nasty, or it can be very easy to get through. If you and your spouse can agree on things, you may be able to seek a mediation and avoid litigation. Mediation benefits both parties and the children, if there are children involved. Mediation allows the parties to choose the items they want and make their own custody schedules. In litigation, it is anyone's guess as to what you are going to get.

Instructions

Difficulty: Moderate

1. In order to get a divorce, you must file with the Court. You will generally file in civil court. You can mediate prior to filing a divorce, either between yourselves, or through attorneys. You will sign a document called a Marital Settlement Agreement. This will then be incorporated into the the petition filed with the court and is known as an uncontested divorce.
2. You can also file for divorce and have your spouse served with divorce papers, just to get the ball rolling. In some states, the filing of your Petition for Dissolution of Marriage "stops the clock," and any relief granted to you can go back to the date of filing. You can still seek mediation at this point.
3. You can either mediate through your attorneys, come up with a settlement agreement yourselves, and have your attorneys put it into pleading form, or you can mediate through a third party mediator. A mediator is a person, preferably an attorney, who has no interest in either you or your spouse (i.e. this person does not know either one of you). This is the best way for spouses who wish to mediate, but still have some issues on division of property or issues with custody and visitation.
4. Regardless of which step you take, you will sign a Marital Settlement Agreement or a Mediation Agreement. Depending on your county and state local rules, you can be divorced quite soon after mediation, if you come to an agreement.
5. If you think you and your spouse can mediate successfully, always seek mediation. It is much cheaper then litigation there is much less emotional baggage to deal with. Even if you have your doubts, you should seek mediation and at least try to settle your marital estate.

Tips & Warnings

• You can seek mediation at any point during your divorce.
• Be sure that you have a family law attorney (preferably board certified) to look over your mediation agreement to be sure nothing is left out (if you are drafting your own agreement).
• Be sure to have a licensed mediator if you should seek mediation and you and your spouse are having issues with divisibility of assets and issues with child custody and visitation.

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