Going through a divorce is not just emotionally and physically exhausting; it can also be financially taxing. With lawyers and court fees, parents looking to separate are likely to spend a lot over the trial. However, if both parties can go through the details and decide on ownership of assets without going to court, they can save themselves a lot of trouble. If you’re headed into your first divorce mediation, here is a beneficial guide to make sure you’re prepared.
Divorce Mediation Process
When you’re preparing for your first divorce mediation, you will not have to go in blind. If you’re working with an experienced Las Vegas Divorce Attorney, they and the mediator will likely give you a checklist of things you need to gather. These are usually documents, but this list takes a more holistic approach to preparing for the mediation.
Choose a Good Mediator
The initial step in preparing for your mediation is to find a mediator who aligns with your goals. It’s important to understand that mediators often have different personalities and will have a unique reputation in the space. Along with making sure that the mediator’s personality fits well with your likeness, consider whether they are amenable to the settlement goals that you have in mind.
It’s important to meet with a few before you can make the final decision, and you want to make sure that you ask each one the right questions to make sure they fit your case. Some of these can include:
- Do you specialize in family law?
- Do you have a flat fee or charge by the hour?
- What will you do if your spouse is actively disrespectful or non-responsive during the mediation?
You can save time by asking your family law attorney for referrals on trusted mediators in your area. Divorce attorneys often know a handful of mediators through their network.
Prepare a List of all Your Debts and Assets
Once you have a mediator, your family law lawyer will likely recommend preparing for the first mediation. You can work with your mediator and family law attorney to prepare a comprehensive list of all your debts and assets. Consider taking the time to compile this list since you don’t want to leave anything out.
Furthermore, if you recently sold some property or changed ownership of an asset, you must mention that to your Las Vegas divorce lawyer. Keeping your attorney informed of any decisions that could cast you in a bad light is essential to avoid any issues in the future.
Consider doing more homework if you have retirement accounts, businesses, homes, and other assets that cannot be transferred over to someone without extensive paperwork. And if you happen to be doing this alone, the chances of having something slip can increase significantly. Instead, you want to ensure you’re working closely with your attorney. They can help you organize all of your documentation, and with their years of experience, are more likely to notice if something is missing. They can also make requests for discovery on your behalf if there’s missing information you will need to access from your spouse.
Sort Out as Much as You Can Before Mediation
Before heading into mediation, it’s important to discuss the cost of the process with your divorce lawyer. Even if you settle all the assets through mediation and don’t need to go to court, consider that this can still be emotionally draining.
Having to cover every asset and carefully consider each one means spending more time in mediation or, worse, taking things to court. Therefore, consider talking to your spouse about how to split the assets. The more things you can work out between yourselves before stepping into mediation, the smoother things will go.
One of the core things to discuss with your spouse one-on-one is child custody and child support payments. While these two are often contested topics in any divorce, you should test the waters and see if you can settle this without spending hours in mediation.
Keep an Open Mind when Negotiating
Before you step into mediation, keep an open mind about the proceedings. You may not get everything you want in terms of a settlement. Therefore, you must be ready to lose some things to ensure the proceedings go smoothly. A good tactic to ensure that you’re not giving up more important things during the proceedings is prioritizing the list of assets you created. Decide for yourself what you’re willing to compromise on and what you’re willing to stand your ground on.
Be Respectful
Finally, taking that step to get a divorce is never easy, so there are likely some unresolved emotions between you and your ex-spouse. But when going into mediation, you must be civil and respectful throughout the proceedings. If you’re willing to be flexible and cordial with your spouse, they will likely do the same. Even if your ex doesn’t keep calm throughout the proceedings, you should focus on getting through the proceedings as quickly as possible without giving up more than you’re willing to.
Take a Close Look at the Separation Agreement
If you’re going through multiple sessions of mediation, then it is very likely that you will struggle to remember certain details. You might’ve missed something or forgot to add it to the final separation agreement. Therefore, you want to look closer at the separation agreement before signing it. Ensure that it includes all the assets you wanted, along with clear instructions on child support, spousal support, and child custody. You will especially want your family law attorney to take a closer look at the document before you make the final decision.
Talk to an Experienced Divorce Attorney
Finally, deciding to get a divorce is not easy, but if you and your spouse can agree on the major aspects of it through mediation, you can save yourself the emotional struggle. And with the help of an experienced Las Vegas Divorce Attorney, you can reliably walk into a mediation knowing that you’re ready.
Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.
Published by: Holy Minoza
