Filing for divorce is a huge step a person takes in ending their marriage. The second step people take is to decide on what type of divorce process they should go for. They can opt for going into the courtroom, but that would be too messy. In its place, divorcing couples should opt to end their marriage in a friendlier fashion that doesn’t get their blood boiling. Divorce mediation is the answer to exiting the marriage as adults. What happens in a divorce mediation? Read on to find out what happens when two people go in for a divorce mediation meeting.
The First Meeting
You meet with a qualified divorce mediator with extensive knowledge and experience on how to help the divorcing partners see eye to eye on serious issues such as division of assets, custody of kids (if they have any), and so on. During the first meeting, the mediator will thoroughly explain to you what takes place in a meeting and what can you expect from it.
Joint and Private Sessions
During the joint session, the mediator helps the partners realize the issues that need to be solved. The mediator knowing the animosity the two partners may have for each other will try to establish a peaceful environment to discuss various issues, ideas, and concerns. In addition, you need to provide them with financial information. During individual sessions, each partner may openly discuss the problems he/she may have with each other (the information will remain off the record).
Come to a Financial Resolution
After reviewing all the assets, the mediator will help the couple come to a joint decision on the distribution of assets. This may also include discussions on personal property and palimony or alimony. Resolutions at this time should be reached unless one of the partner disagrees on the resolution then other ideas would be tossed around.
Discussion about the Custody of Kids
In case you have kids, the issue who gets custody of them will be addressed. If you don’t have children, then this step will be skipped. In the instance that you have kids, joint, sole, and physical custody will be discussed, healthcare, and vacation agreements will be reached also at this time.
The Agreement is Drawn Up
After a lengthy discussion on what each partner wants in return, the mediator will go ahead and draw up a draft. If one of the partners rejects the terms and conditions complied in the draft, they may request a new one to be drawn up. In majority of cases, the partners settle on the draft version as the final one.
The mediation process is a calm and peaceful process that people should try if they are planning to separate. The process eliminates the usual taunts and fights that many people who choose traditional divorce go through. Therefore, if you are thinking of separating from your partner, feel free to get in touch with us.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.