Divorce is an emotional, difficult process that can often turn adversarial. But for many couples, divorce mediation is a viable alternative to traditional divorce proceedings. This is a process where both parties come together with a divorce mediator to discuss and resolve all outstanding issues. Unlike in a court setting, divorce mediation allows both parties to have a voice and reach resolutions that work for them. However, because divorce mediation is not binding, it's important to have an experienced divorce attorney by your side to ensure your rights are protected. If you're considering divorce mediation, here are reasons why you need a divorce attorney in the process:
1. Assessment of Divorce Court vs. Mediation
In a divorce court setting, the proceedings are overseen by a judge who will make rulings on all outstanding issues. This can be a costly and time-consuming process and often leads to bitter disputes between the parties.
Mediation allows a more amicable divorce, as both parties have a voice and can reach resolutions that work for them. However, because divorce mediation is not binding, it's important to have an experienced divorce attorney by your side to ensure your rights are protected.
2. Advise on Available Options in Mediation
An experienced divorce attorney can guide you through the available options in divorce mediation and help you reach resolutions that work for you. Oftentimes, parties will enter into divorce mediation with preconceived notions about what they want or don't want. An attorney can help coach you through the process and negotiate on your behalf.
3. Coach on Negotiation Techniques and Proposals
An experienced divorce attorney will also be familiar with negotiation techniques and proposals that can help resolve disputes in mediation. Sometimes, divorce mediation can become bogged down by one issue that the parties can't seem to agree on. An attorney can help identify these issues and propose solutions that may help resolve the dispute.
4. Review of the Mediation Agreement
Once all outstanding issues have been resolved in mediation, a divorce mediator will prepare a mediation agreement for both parties to sign. An experienced divorce attorney can review this agreement and ensure that it accurately reflects the resolutions that were reached.
5. Preparation of Court Papers for an Uncontested Divorce
If you reach an agreement in divorce mediation, your divorce will be considered uncontested. You will not have to go to court and litigate your divorce. Instead, the divorce mediator will prepare all of the necessary court papers, and you will simply need to file them with the court. An experienced divorce attorney can prepare these papers for you and ensure that they are filed correctly.
Consulting legal help to represent you in divorce proceedings is an important step in protecting your rights. Call a divorce attorney if you are looking for an amicable way to settle your divorce while protecting your rights.
