How Divorce Mediation Can Help Your Family Law Case
Divorce is one of the most emotionally charged events in a person’s life. The ultimate aim of a divorce proceeding is to terminate the marital relationship and dissolve the marriage contract legally. The ultimate aim of separation, however, is frequently to establish separate legal property, especially when there are children involved. A separation can also be used to protect assets that belong to the aggrieved spouse and/or provide a short-term solution to a long-term problem.
Separation is rarely the desired outcome
when one party considers it as an option. Most often, separation results from problems related to domestic violence or long-term illness. In these cases, couples seek the help of family law attorneys to facilitate the process of separating legally. In addition, divorce can affect a spouse’s Social Security and/or pension payments, child support, and other federal benefits such as education that are determined based on income and marital status. Therefore, it is advisable to work with an experienced divorce attorney who is familiar with the federal laws on these matters.
Most family law clients seek a no fault divorce
since it eliminates the need for a trial and prevents double jeopardy (disadvantageous treatment of one spouse who has filed for divorce while claiming to be innocent). A trial presents the challenge to prove that one spouse committed a crime against the other and the inability to prove that the conduct occurred in fact. No-fault divorce allows the parties to separate legally without the need for a trial. However, if the family law attorney is unsuccessful at obtaining a judgment in the Divorce involving this scenario, some states allow the divorcing spouses to file a “contingency” motion indicating that future events, such as loss of income or the changing of residence, might prevent them from collecting what they are owed.
The death of one spouse
even before the commencement of the Divorce, can impact the children of the relationship. The loss of a parent can be very emotionally overwhelming for a child, whose life is suddenly disrupted. The psychological health of an adult who has lost a spouse is just as important as the mental health of anyone else. A competent divorce lawyer can inform the client about the different options that are available in terms of filing for bankruptcy or making the more complex arrangements that preserve the assets of one parent and assign custody of the children to another. A knowledgeable and compassionate divorce mediator can assist the client in coming to grips with the death of their spouse and the effect that death has on the psyche and emotional health of the children.
When a divorced parent co-marries
they can be inadvertently supporting the harmful pattern of behavior that led to the divorce in the first place. Many studies show that children raised by married parents are better adjusted and have fewer behavioral problems than children who were raised by single parents. It is important to both ex-spouses that the children will be well cared for after the divorce. A competent divorce attorney can help the client explore all options that are available to ensure that the children receive adequate care. If no co-parenting agreement is reached and one parent moves out of the neighborhood, the ex-spouse must make provisions with their new spouse to ensure that the children are well taken care of. The divorce mediator can facilitate this arrangement.
is a preferable alternative over family court because it provides an opportunity for interested parties to negotiate a fair settlement. When a divorce case is contested, a trial will likely follow. This added cost makes family law clients hesitant to enter into mediation. The cost of hiring a divorce attorney and having the trial postponed greatly reduces the amount of money that is spent on attorneys. In addition, family law cases are faster.