The decision to end a marriage is a difficult one, regardless of circumstances. When a relationship ends, there are many decisions that must be made. This process is often difficult and emotional, even if you are on good terms with your former partner. Many couples want to avoid a court case. However, it is difficult to complete the negotiations about how assets, spousal support, child support, and child custody will be divided without assistance. In these circumstances, it may be ideal for the couple to pursue divorce mediation. The team at the Law Offices of Aimee E. Cain is here to help guide you through the divorce mediation process.
Even when a divorcing couple is on good terms, it can be difficult to agree on how assets should be divided. It is also hard to navigate all the major decisions that must be made. Mediation is intended to make this process easier by introducing a neutral third party to assist.
During the mediation, both parties will present their needs and requests for how they believe the assets should be divided. Any areas of disagreement will be identified. The neutral third party, the mediator, will then:
This process can be valuable for couples who want a fair division of assets with as little conflict as possible.
Mediation is not required when finalizing a divorce in North Carolina. Many couples can decide how they want their assets divided without additional assistance. They may do this either through their own discussions or by having a prenuptial agreement. Even couples who are on good terms may need some additional help, however.
Mediation is necessary when a divorcing couple cannot come to an agreement on the terms of their divorce. This may include disagreements over how their assets are divided, what spousal support is necessary, or how their children will be cared for. Mediation may also be necessary because the former partners are not on good terms and one or both are unwilling to negotiate without additional guidance. The mediation process can be difficult, and having the support of a divorce mediation attorney can be invaluable.
Navigating the legal system can be confusing and time-consuming, particularly if you are not familiar with it. Those challenges can be magnified during a divorce because it is such an emotional undertaking. There are several ways that a mediation attorney can help guide you through the process.
Mediation can be an effective tool for couples who are divorcing. It gives them the opportunity to work through any major conflicts and disagreements with a neutral facilitator. While it is a great option for many, it is not always the most ideal choice. Relationships that involve any type of abuse, including physical, mental, and emotional, will likely not find success in mediation. Also, if one spouse is particularly combative or difficult, mediation may not be the right choice. For mediation to work correctly, it is vital to approach the process with an open mind.
There are a few options available for divorcing couples if they cannot reach a conclusion during the mediation process. Attempting to resolve any conflicts and finalize negotiations without legal help is an option but rarely recommended. It is also possible to attempt mediation again with a different facilitator. This is effective for some couples, but it is not always possible. The most common option following an unsuccessful mediation is litigation. This means that the case must move through the court system and will be decided by a judge.
There is no specific length of time connected with the mediation process in North Carolina. Each mediation will be different, depending on the spouses that are involved. If both spouses are willing to be reasonable and approach the discussion fairly, mediation can take as little as a few weeks. Other circumstances, such as a contentious divorce or significant conflict, may cause the mediation to last a significantly longer time. Overall, mediation typically takes less time than court proceedings.
It is difficult to fully prepare for the emotional challenges of a divorce mediation. Even if you have a healthy and functional relationship with your former spouse, this process will likely bring up a lot of unexpected emotions. There are ways to emotionally prepare for the mediation process. You can start by planning out your needs, requests, and compromises prior to any mediation meetings. This will allow you to have a plan, which can give you more confidence and control if any conflicts arise.
There are many steps that go into finalizing a divorce. Assets must be divided, children must be cared for properly, and any necessary spousal support must be organized. Mediation may be necessary for some of these major decisions to be made. The guidance and support of a Salisbury divorce attorney can make the process easier. Trust the team at the Law Offices of Aimee E. Cain for all your divorce and mediation needs.