Going through a divorce is no picnic. It's an emotional rollercoaster from start to finish. On top of feeling hurt and rejected, you've got substantial legal and money issues to figure out. Should you fight it out in court? Or could mediation be a better fit for you and your soon-to-be ex?
In Albuquerque when you’re going through a divorce choosing divorce mediation is a viable option. Divorce mediation lets you work out agreements together with the help of a neutral third party. It's less adversarial than duking it out in court. But it's wrong for every couple to go their separate ways.
This guide will explain how mediation works, when it can help, and when it may not. Then, you can decide if it might benefit your unique situation or lead to more frustration.
Divorce Mediation
You and your spouse meet with a professional, neutral mediator in mediation. Their job is to facilitate open and honest negotiations between you. And help you reach agreements on essential divorce issues.
You'll explore various options and solutions together. The mediator guides the process along. However, mediators don't make any decisions for you. Any agreement requires both of you to consent willingly.
If you can find common ground, the terms you agree on become legally binding. Agreed terms are formalized in a settlement agreement, and a final divorce decree is filed with the court.
Mediation takes place outside of the courtroom in a more relaxed setting. You and your ex have complete control over the outcome. Instead of leaving it all up to a judge, you've never met.
An experienced divorce lawyer on your team can provide helpful guidance during mediation. They can review any agreements before you sign to ensure your interests are fully protected.
What Kind of Issues Can Mediation Help You Sort Out?
For couples, several key issues must be sorted out in any divorce. Mediation gives you and your spouse a chance to negotiate compromises together on the:
- Child custody schedules and visitation arrangements - who the kiddos live with and when they spend time with each parent
- Dividing up your assets - your home, vehicles, bank accounts, personal property, and anything else you own
- Alimony or spousal support amounts and how long they'll be paid
- Child support calculations and payment terms
- Health insurance and other vital concerns related to your children's wellbeing
You might be surprised at what agreements you can reach in mediation's more cooperative environment. Mediation saves time and money compared to the long, messy court battles many couples end up in.
Why Might Mediation Be a Smart Choice for Your Divorce?
Would mediation benefit your situation? Here are some of the most compelling pros:
It Feels Less Stressful
Court proceedings often get contentious and nasty. Mediation offers a more relaxed setting where you and your spouse try to work together constructively instead of treating each other as bitter rivals.
The process encourages cooperation and joint problem-solving, especially when kids are involved. They are doing what's best for the whole family.
You Keep Control of the Outcome
Judges have a lot of leeway to order the terms they think are fair. But with mediation, you and your ex figure out agreements that work for both of you instead of having a ruling imposed unexpectedly.
The mediator is there to guide and advise. Not make unilateral decisions on your behalf. You maintain control over your divorce terms.
The Cost Is Usually Far Less
Lawyer fees, court costs, hiring expert witnesses - litigation quickly raises significant expenses! With mediation, you split the mediator's fees. And your attorney's time is minimized.
Less prep work is required, and it typically takes way less time. This saves you money at an already tight financial time.
It Allows You to Get Creative
Judges must follow the letter of the law. But in mediation, you and your spouse can tailor agreements to fit your family's unique situation.
For example, they are coming up with a customized parenting schedule. Or dividing property in an equitable way a judge wouldn't think of ordering.
It's Confidential
Court cases become part of the public record. But mediation keeps everything said private. So you can speak freely without fear it will come back to bite you.
Potential Cons of Mediation to Think About
Mediation has some drawbacks, too, that you'll want to consider upfront:
It May Fail to Resolve Key Issues
Some cases can't be fully settled through mediation for some couples. If one spouse stonewalls or major conflicts exist, litigation becomes necessary.
The mediator has no authority to compel either party to accept the terms. If you reach an impasse, court is inevitable. Don't waste time and money on mediation if that seems likely.
Court Proceedings Will Still be Needed
Mediation agreements must be formalized legally through a settlement agreement and final divorce decree from the court.
So, you'll have to go through court proceedings to finalize everything legally. Mediation alone won't entirely divorce you.
Mediator Can't Consider Misconduct
Mediators must stay neutral, so if your spouse did anything underhanded, like hiding money or neglecting the kids, those issues won't factor into mediation.
A judge can take bad behavior into account. And impose appropriate penalties.
Compromise Between Parties Required
In mediation, you'll have to give a little to get a little, so you may only get some of what you want or feel you truly deserve.
Be ready to prioritize the issues most important to you. And make some hard choices and compromises.
It Could Drag Out the Process
In some clear-cut cases, litigation is required right from the start. But couples often try mediation anyway, which becomes a mutual agreement that never materializes.
If mediation fails after months of effort, you've wasted precious time. When you could've let the court decide much sooner.
How to Decide if Mediation is the Right Call
Mediation offers real benefits in many divorces. However, it is only ideal for some situations due to the risks. Consider these factors to gauge if it's right for you:
- Asset issues - Do you own complex assets like a business? Lots of investments or real estate? Major property division conflicts may require litigation if you can't find common ground.
- Willingness to negotiate - Mediation only works through open compromise. Save your time if your spouse refuses to budge or talks break down immediately.
- History of abuse - Your safety should be the priority. The formal court setting may offer more protection if abuse allegations exist.
- Mental health problems - If your spouse struggles with addiction or mental illness, their judgment will likely be too impaired for productive mediation.
Your divorce lawyer can guide you on whether mediation can resolve your case. Or if it's wiser to head straight to court. Schedule a consultation to discuss your options.
Get Legal Guidance Tailored to Your Situation
Divorce mediation offers clear pros and cons. There's no one-size-fits-all approach; the best route depends on your family's circumstances.
An experienced attorney can analyze your situation and needs and advise whether mediation is worthwhile or vital courtroom advocacy better serves you.
At The Law Office of Anthony Griego LLC, we help clients navigate all divorce options. If mediation is suitable, we will represent you skillfully. If needed, we can provide aggressive litigation. Your best interests are at the center of all we do.
Only endure this challenging process with a legal advocate on your side. Call us at 505-417-2729 or contact us online to get started. We're here to gain the closure you deserve to move forward after divorce.
Disclaimer:
The content provided on this blog is for general informational purposes only and is not intended to constitute legal advice. Laws and regulations are complex, frequently subject to change, and may vary depending on jurisdiction. As such, readers should not act upon or rely on any information presented on this blog without first consulting with a qualified and licensed attorney who can address and tailor guidance to your unique legal circumstances.
