Divorces can be complicated, even when they are amicable, and joint accounts and shared property can throw a wrench into an otherwise smooth divorce—add in shared children, and suddenly, your divorce can quickly become a nightmare. Emotions are typically running high during a divorce and both sides may not be thinking clearly while it’s happening.
This is when you may want to consider going to divorce mediation, but how does it work, and what are the financial implications? We’ll cover all of these questions and more so that understanding the financial implications of divorce mediation doesn’t seem so complicated.
Mediation vs. The Traditional Divorce Process
Working out the details of a divorce in mediation is becoming more popular than letting your respective lawyers hash it out in court.
Instead of you and your spouse’s attorneys working against each other, going into divorce mediation leaves you in control. Since you and your former partner are sitting down and working out the divorce details together, mediation is typically less adversarial than going through the courts.
The mediator is a neutral third party whose primary job is to keep the divorce negotiations calm and even friendly.
What To Expect During Divorce Mediation
While every divorce is different, the mediation process is basically the same: you and your partner sit down with the mediator and work out the details of your divorce.
These details can include everything from dividing up property, bank accounts, and other assets to child custody and financial support. Financial support can include either child or spousal support or both.
Before you decide divorce mediation is the right option for you and your soon-to-be former partner, there are a few things to keep in mind.
- A divorce mediator is not an attorney representing either spouse: The mediator’s role is to remain neutral and help start and guide discussion. They can also help you find alternative solutions to any issues that may come up as you are working towards finalizing your divorce.
- The mediator is not a counselor: Divorce mediation is not the time to start airing your grievances, as this is the role of a marriage counselor. If you are in mediation, chances are, counseling did little to resolve the issues leading to the divorce. Your mediator will not allow emotional outbursts or finger-pointing and instead will help your discussions stay calm and on track.
- The mediator will support both parties involved in the divorce: The mediator is always neutral and will not take sides—a mediator may agree with you on one point and your spouse on another. Their role is only to help you find solutions everyone can agree on.
- Do not expect to receive any legal advice: Your mediator may be a practicing attorney, but that is not their role as a mediator. They can provide legal guidance, for example, clarifying an existing law. However, they will not give you or your spouse any legal advice, as this is the job of your divorce attorney if you decide to hire one.
- Solutions reached in mediation are not legally binding: Congratulations on reaching an agreement in divorce mediation. However, the agreement is not legally binding until the terms are drafted and both parties sign the document. The court will still need to approve the agreement. After receiving approval from the court, the terms of your divorce are something you and your partner must adhere to, which includes any agreement regarding financial support and the division of marital assets.
Divorce mediation is not a legal requirement. However, a judge may send a divorcing couple to mediation in hopes they can work out the terms without the court’s interference, which often occurs when a judge believes mediation may be best for any children caught up in their parent’s divorce.
When You May Want to Use Divorce Mediation
If you and your partner don’t share children and keep your finances separate, divorce mediation is rarely necessary, which can also apply to couples who do not own any assets—think of renters without bank accounts or any other type of financial assets. In these cases, a divorce is usually as simple as appearing before a judge and jointly agreeing to end the marriage.
Another time divorce mediation isn’t necessary is when one partner does not acknowledge the pending end to their marriage, and the process for dissolving a marriage when a spouse will not acknowledge the pending divorce is fairly simple. The courts allow a specific amount of time for a spouse to contest the divorce. If a spouse does not sign the papers within the allotted time, this varies by state; the court will award a divorce to the asking party.
You may want to consider going through divorce mediation when child custody, visitation, and support are involved. The same applies when a spouse is asking for financial support (alimony). Dividing property and debts is another reason to consider using mediation.
Financial Costs of Divorce Mediation
The costs of divorce mediation vary, but it’s still less expensive than paying for attorneys outright. This can leave you and your spouse with additional financial resources, especially if you reach an agreement that is approved by the court. You also have complete control over how the assets are divided. With an attorney, you lose some control over the negotiations.
Mediators can charge hourly fees or by the session. On average, you and your spouse should expect your divorce mediator to cost between $250 to $500 per hour. Remember, this is only an average estimation of the costs.
If the judge sends a couple to divorce mediation, fees can be waived—however, this typically only applies to couples with little to no financial resources. When this happens, the mediation typically involves child custody and visitation arrangements.
A Mediator Can Help Your Divorce Go More Smoothly
Almost no one wants to go through a lengthy and bitter divorce, and a mediator can help prevent this scenario and make the separation process far more seamless.
Remember, a mediator is not acting as an attorney. Their job is to only help guide your discussions and help you and your spouse reach an agreement that is fair and acceptable to everyone.
Also Read: How Your Henderson Divorce Lawyer Can Help During The Divorce Process
