No matter your feelings toward your spouse, you may hope to avoid an acrimonious and costly divorce. You two might have agreed that litigating your split is unnecessary and are considering mediation. Yet, you may wonder whether you can resolve all your disputes through the process. Even if you disagree about important matters, you may be able to.
Child custody
If you and your spouse disagree about child custody matters, it may be the most difficult part of your divorce to resolve. A mediator, though, will do their best to guide you and your spouse toward agreement. While they must refrain from giving you legal advice, they can facilitate a dialogue that focuses on your children’s best interests. By prioritizing these, you and your spouse may have an easier time putting your emotions aside and reaching a resolution that benefits your family. Doing so could help you get a smooth start to your co-parenting relationship. And by staying out of court, you will set a good example for your children about how to cooperate and problem-solve.
Matters of support
Whether you are the payor or recipient of alimony and child support, you and your spouse may not agree on the value of these awards. Yet, leaving this decision to a judge could lead to an unfavorable outcome for one or both of you. You likely understand your family’s needs and individual needs better than anyone else, and you will want your awards to reflect them. With the guidance of a mediator, you can work to reach consensus on the values of your awards, and you can make sure that they do not leave you – or your spouse – at a disadvantage.
Property division
A mediator cannot advise you and your spouse on how to divide your property. You may find this fact difficult to reconcile if you have substantial or complex assets you need to sort through. Yet, you can bring in outside financial experts to help you through this part of the process. Their assistance will keep mediation viable. And it could save you and your spouse from losing cherished assets to the other – which is a possibility in a litigated divorce.
Mediation may seem difficult if you and your spouse disagree about major issues. Yet, by understanding how you can work these out, you may be able to use the process to reach a settlement agreement tailored to your unique circumstances.