Things to know about Divorce Mediation
Divorcing someone can be a painful and stressful situation, often lasting for years as the couple try and negotiate leaving each other’s lives and how to best handle the situation. It is a very tricky and hurtful process to navigate, especially if it is affecting other people in the couples family and circle of friends. This is why it is best to find the best mediator possible, to make the whole process a lot smoother. There are several steps that a divorcing couple can follow to help the decision less painful and to ensure that there is a minimal impact on both themselves as well as for those who love them. If two people also know what to expect before they enter into divorce mediations, this may also make the entire process less daunting and lessen the emotional distress. Even though it may seem painful, it is best to remember that divorce mediation might cost less money and be less tough than contested litigation, so it is best for divorcing couples to thoroughly research their options before going through with anything.
So, what happens during the divorce mediation proceedings?
No matter what happens, nor what the situation or extenuating circumstances are, divorce mediation proceedings will always be complicated and upsetting. Unfortunately, there is no way to prepare for this. However, it is possible to research and thus understand exactly what will happen during divorce mediation, just to make the process smoother. A divorce mediation is when an objective third party (neutral from both sides of the case) helps the divorcing couple decide outcomes on various legalities that occur while undergoing divorce. This will typically be through a court appointed session, but private mediators are also available to those who would prefer that. (It is worth noting that a private mediator will most likely be more expensive than a court appointed mediator, but some people prefer them as they only work for themselves and may be more invested in the case). Mediation will usually consist of a few different negotiations and business points: alimony, custody of any animals or children, the allocation of physical property, the allocation of separate retirement accounts and the division of any outstanding debts.
Will the mediator make the decisions for the divorcing couple?
No. It is not the job of the mediator to actually make the decisions for the ex-couple they are presiding over, that is not their role within the proceedings. A divorce mediator’s job is to ensure that both sides of the case understand what is going to happen and the implications of all the decisions they make independently. The thing that divorce mediators have to watch out for is how their thoughts about the situation come across to the separating parties. Every divorcing couple will be different, even if the circumstances may seem similar and a good mediator will be able to navigate this accordingly – it is always best to find an experienced mediator with those qualities.
How best to divide real estate during divorce Navigating the painful realities and legalities of divorce proceedings and separations can be a long exhausting process that a lot of people experiencing it have never gone through before. There are so many different fields and matters to get through, all of which can take years before the motion to divorce is officially recognized by the courts. This is a very brutal process and it can be murky and underhanded to experience for the first time. Dividing up the land and property can be a difficult situation that at the time could feel near impossible to do responsibly and reasonably. While it is a sad time that many people have gone through, that does mean there is to advice and tips available to divorcing couples who are about to embark on divorce mediations.
There are several factors to be considered when it comes to dividing real estate between ex-partners. It is a long and arduous process that is often superseded by drama and anger. It is best to look into these different factors extensively before anyone starts to actually divide the physical property. There are so many factors when it comes to real estate division proceedings because there are actually no set laws or regulations regarding real estate division during divorce. These factors (considered by the solicitors and courts) include; the value of the property in question, income of those involved, age, financial resources, duration of the marriage, contribution of the person to the family, welfare of children and others such as the value of benefit to each spouse.
Sometimes, divorcing couples are civil and it will be a simple case of selling up the property and equally dividing the money and benefits from the sale. However, this is mostly if there are children involved or if the marriage was not that long. But there are many extenuating circumstances that require real estate division guidelines to be adjusted accordingly. This can be due to any one thing, such as one half of the couple bringing more money into the relationship or if they already had another home at the beginning of the marriage. Then things will be adjusted to make the split of the real estate even and fair to both parties.
If it is possible, try to avoid taking the split of property to court. This could stretch out the proceedings and make things harder and more painful. If it is doable, exhaust every outside option of divorce mediation before considering the court. Court takes away all control and is costly. Manage any finances with what is called a divorce calculator; this will give people a good idea of what they are owed before they enter into settlements. After that, it is important to decide what is going to happen with the property; the couple needs to decide whether they want to sell the property or whether one of them wants to stay in the house. Follow the steps and the division will be easier.
Division of Marital Debt Divorce can be hard enough and it can be difficult to understand everything that needs to be divided up between the ex-couple. Certain things can be overlooked and forgotten during the procedures, certain things such as debt. Money can sometimes be the last thing on someone’s mind when they are going through the many steps of divorce and separation. However, the division of marital debt is vitally important for the future finances of each half of the divorcing couples – it simply cannot be overlooked, no matter how hard it may seem to talk about at the time. There are rules and regulations in place that can support the ex-couple as well as make sure that the division of debts are fair on both parties.
The debts accumulated during the marriage are usually divvied up between the two people and then deducted from the family assets. The net assets are typically also shared but this will depend on the circumstances. However, there are certain circumstances that mean the court will look more closely into the debts owed by the divorcing couples, this will mean that the debts are analyzed more closely. For example, the court will look at whether the debt accumulated for the benefit or enjoyment of the family or whether they were taken out for one of the parties for their individual gain. Individual gain, for example would count as cosmetic surgery or personal hobbies. Benefits for the family would be something along the lines of a family holiday or improvements within the family home.
Another thing that is also taken into consideration is the timing of the debts and when they were taken out. To speak generally, the court will divide debt responsibility between two people if it happened during their marriage, however, if one party entered into the marriage with a large amount of debt already accredited then the court will look at things differently. Usually the ruling would decide that the individual is responsible for their own debt but sometimes this is not the case for those who have been in long term marriages. But typically, the debt belongs to the person whose name is on it.
It is vitally important that debt settlement issues are sorted out before the divorce proceedings and the paperwork actually goes through. Bankruptcy from an ex-spouse can ruin any financial future an individual may have moving forward with their live, so it is best to go through the process before the divorce is official. That is why it is advisable to transfer the name of any debt during the separation onto the party that ran it up. This will potentially create some tension to an already difficult situation, but it does need to done to ensure the financial safety and responsibility of each party. So divorcing couples should transfer balances to other credit cards or consolidating the balances with yet another loan. It is a difficult conversation that is vital though. During divorce each party must take into account their own futures.
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