Getting What Is Rightfully Yours

Tips To Navigate The Divorce Mediation Process

12 April 2017

Estelle Mathieu

Divorce is never an easy decision to come to, and it can be even harder once you get the legal ball rolling. Depending on the state you live in, you and your spouse may be required by the courts to go through mediation. Mediation involves both partners seeking dispute resolution with the help of a neutral third party.

An uncontested divorce or a divorce in which both parties work out the terms of their property and asset division and settlement as well as any child-related issues can dramatically reduce the time and money a divorce takes to move through the courts. Here are three tips to help you and your spouse prepare for mediation.

Commit To The Process

You will get nowhere fast if all you do is argue and bicker. Now is not the time to bring up past hurts and nurse old wounds. Many people have lost time, money, material possessions, assets, and peace of mind because they let their pride get the best of them. The mediator will help guide you and keep you on track if you start to veer off topic, but both partners need to commit to the process and practice self-control and self-discipline.

Gather Your Important Paperwork

Mediation will progress much faster if you show up to class with your homework done. This means you have compiled a list of all the assets and all the debts. Create a list of all real property, such as homes, vacation property, vehicles, boats, as well as income sources, like stocks, bonds, annuities, pensions, Social Security benefits, retirement funds, and income from employment.  

Next make a list of all of your bills, both past due and ongoing expenditures. Include utility payments, mortgages, credit cards, car payments, insurance- anything that needs to be paid to keep the household running until a final agreement is met and the divorce is decreed. Don't forget to include the care of the children. Most jurisdictions will also require both parties to complete a financial disclosure form.

Decide Your Goals

Once you have a good snapshot of your financial picture, it is easier to begin thinking about what you each feel is the most equitable way to divide both the assets and the debts. Come to the table prepared to negotiate; no one is going to walk away with everything they want. You can check out sites like http://www.kalkwarflaw.com for more information about 

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