Mediation is becoming an increasingly popular divorce process. During mediation, you and your spouse sit down with a neutral third party, the mediator. There, you and your partner work together to sort out the details of your divorce. With mediation, you do not have to worry about leaving the decision-making up to a court. You can also avoid lengthy court times and fees. If you are getting divorced and wondering what your options are, reach out to a Farmington Hills divorce lawyer for experienced legal advice.
What Aspects of Divorce Get Decided During Mediation?
Anything that can be decided by a court during traditional litigation can be determined by a couple during mediation. During mediation, you and your spouse will determine the details of the following.
- Division of marital assets
- Alimony
- Child custody
- Child support
What Does a Mediator Do?
A mediator has no legal authority to make decisions during your divorce. The only people with the power to choose what to do are you and your spouse. The mediator’s job is to facilitate the negotiation between you and your spouse. They cannot make final decisions for you, but instead listen to each person’s goals and help guide the conversation in a way where each party’s needs and concerns are addressed.
How Can Mediation Protect My Finances?
If you were to go the route of litigation for your divorce, the court legally has the power to make all decisions regarding the division of property, spousal support, child custody, and child support. This can be scary because you are forfeiting your control over your own finances. Mediation can help you protect your financial interests.
As stated, you and your spouse are the ones with the power to decide how you will divide your assets including finances. Your spouse will likely not agree to simply give you everything, but choosing to work with a mediator can help you both come to a fair agreement. You don’t have to worry about a biased judge or unfair assessment.
During mediation keep in mind a fair and realistic understanding of each other’s situation. Each spouse’s earning capacity, mental and physical health, and who the custodial parent is will contribute to how you determine the division of assets. You want to protect your finances but you also want to make choices that benefit both parties.
There is no information gathering or discovery process during mediation, so each spouse will be expected to honor the truth and not attempt to hide any assets. A mediator will ask that each party provide:
- Pay stubs for proof of income
- Bank statements
- Credit card statements
- Tax returns
- Retirement account information
- Mortgage information
- Car payment information
- Loans and debts
All of this information is necessary to determine what the total accumulation of martial assets is and therefore how to equitably distribute it. A mediator will want to meet the expectations of each spouse while keeping in mind what is most fair.