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Should I Consider Mediation? What is Mediation? Mediation is the process by which you and your spouse reach an agreement with the help of a mediator. A mediator can be an attorney, mental health professional or financial professional. Even if the mediator is an attorney, the mediator cannot give either you or your spouse legal advice. The mediator should advise you and your spouse to seek your own separate counsel. It is helpful to select a mediator who regularly handles divorce mediation and also has an understanding of divorce law.
What happens in mediation? You and your spouse meet with the mediator. You discuss finances, income, assets and liabilities, alimony and the allocation of debts and assets. If there are children, child support and child custody and a parenting schedule are discussed. The mediator may have you complete a Case Information Statement which sets forth your income, assets and liabilities.
communicate with each other. Once the attorneys for the parties agree on the changes, if any, the parties can sign the agreement.
How many mediation sessions are needed? It really depends on each case. In some cases, the parties reach an agreement on their own and merely seek the mediator to draft a Memorandum of Understanding or a Property Settlement Agreement memorializing the agreement. In other cases, the parties attend several mediation sessions with the mediator until an agreement is reached.
When is the divorce scheduled? Once the Court has all of the appropriate paperwork, a Final Divorce Hearing is scheduled and the parties can be divorced.
What is done once there is a Memorandum of Understanding or a draft Property Settlement Agreement? Each party should take the document to an attorney for attorney review. The attorneys should
When do you file for divorce? Once there is a signed Property Settlement Agreement the Complaint for Divorce can be filed. The other party can file an Answer and Counterclaim. The parties may also file Case Information Statements with the Court.
How much does mediation cost? The mediator usually is paid by the hour and expects to be paid at the end of each session. You will also have to pay for your review attorneys and the costs of filing for divorce.
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