The parties will basically be given a financial affidavit before they came in, at which point, I will go through all of the issues involved in a divorce and explain to both of them what I believe the court will decide regarding all those issues. I will also take a look at each party’s position, so that I can try to get them to a middle ground so that we can come to a resolution.
When Should a Couple Seek A Lawyer For Mediation?
If one party felt they were being bullied by the other spouse, or they were just basically giving in to everything, a mediator can hopefully try to prevent that. It would be very difficult to mediate a divorce if one spouse was a controlling person and they certainly did not want to deal with them. Sometimes, if one spouse is very controlling, manipulative or very unreasonable, then the mediation won’t be successful and they will have to hire lawyers so that they could go through the usual divorce process.
The best candidates for mediation are those people who are reasonable and care about their children and who are not out to do anything for retribution because they just want to resolve their issues in the best interest of all parties.
If someone decides they want to try mediation, they should basically tell the other spouse they want a divorce, and tell them they want to go to a mediator so they could avoid hiring two lawyers and paying two sets of legal fees.
Are the Papers Filed in Mediation Different From A Typical Divorce?
No, it will be the same as a regular divorce; one party will have a marshal serve papers to the other party or just leave it at their place of abode. They will start to go to court after a 90-day waiting period to get divorced and the judge will make sure their agreement is reasonable and voluntary by reviewing it to make sure it complied with the laws.
Keep in mind, under mediation, it’s possible to agree on as many issues as possible, and to just have the court decide the remaining outstanding issues.
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