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3 signs it may be time to walk away from divorce mediation
Marriage means something different to every couple. While you may have chosen to marry your spouse for love or security, your marriage certificate is a legal contract between you, your spouse and the state. As such, to dissolve your union, you must divide marital property and obtain a court order.
Gone are the days when couples had little choice but to engage in a protracted legal battle. Nowadays, a growing number of divorcing spouses choose alternate dispute resolution, such as mediation, to wrap up their marriages. While there are many advantages to mediating a divorce, sometimes, it simply does not work. Here are three signs it may be time to walk away from your divorce mediation:
1. Your partner is trying to devastate you
>Divorce mediation requires both parties to make a good faith effort to dissolve the marriage. While any divorce is apt to have some acrimonious moments, your partner should not try to destroy you. If you suspect he or she wants to leave you in financial or emotional ruin, it may be time to explore other options.
4 tips for a successful divorce mediation
Divorce mediation is gaining popularity for a few important reasons. While you may appreciate that mediation is often less expensive than a protracted court battle, you are also likely to enjoy the reduced stress that tends to accompany alternate dispute resolution.
As you may suspect, though, some divorce mediations are more successful than others. While working with counsel who understands how to mediate a high-asset divorce is critical, you also need to prepare yourself for the mediation process. Here are four tips for making your divorce mediation a success:
1. Decide what really matters
In divorce court, spouses often fight for the sake of fighting. That should not be the case with alternate dispute resolution, though. While you can likely expect some friction, you should decide what matters to you. By listing your priorities, you can choose both when to push back and when to concede.
Take control of your high-net-worth divorce with mediation
Let us say that you and your spouse have amassed significant assets during the years of your marriage. Now your marriage is coming to an end and you face a high-net-worth divorce.
You dread the idea of an expensive, lengthy and possibly acrimonious court process. Consider mediation, an alternative to litigation that comes with benefits and puts you in control of your divorce.
A popular option
Almost 50% of the marriages in our country end in divorce. Largely because mediation is less costly and time-consuming, it is becoming increasingly popular as an alternative to litigation. The divorcing couple meets with a mediator, a neutral third party trained in this form of Alternative Dispute Resolution, whose goal is to guide them toward a mutually satisfactory divorce settlement.
Mediation benefits
To many wealthy couples, one of the most troubling aspects of a traditional divorce in court is that the whole process becomes public. On the other hand, mediation is confidential, a process handled in private outside the courtroom. Without a judge making decisions about their lives, the participants feel much more in control of the outcome of the mediation process. Issues to decide include spousal and child support, custody and parenting time as well as the ultimate distribution of assets. Because the couple works as a team in decision-making, there is less stress associated with the divorce not only for the couple, but also for their children. In this process, the foundation is laid for open lines of communication and a non-adversarial and continuous relationship.
How the USFSPA applies in a military divorce
If you are the soon-to-be-ex-spouse of a military member, you may wonder how property division will affect you.
Although property division in a divorce must follow Texas law, the Uniformed Services Former Spouse Protection Act also comes into play on your behalf.
The USFSPA explained
If, in the divorce order, the court awards you a share of the retired pay of your military spouse, the USFSPA ensures the enforcement of the order. Other military retirement benefits to consider include savings plans and survivor benefits. The USFSPA also enforces an order of alimony as well as current or overdue child support payments. However, to qualify for retired pay benefits, the length of your marriage must have been at least 10 years. During that time, your spouse must have served a minimum of 10 years 'credible towards retirement eligibility' per the military 10/10 rule.
Understanding how mediation works
Divorce is not an easy process. However, there are certain divorce tools that can help the process, such as mediation.
Before determining if divorce mediation is right in a situation, it is important to understand what the process entails. There are a few key facts to know.
What it is
In short, mediation is an alternative option to the traditional divorce litigation process. Mediation involves a third party, a mediator, working with the two parties to come to agreement about different divorce concerns. The mediator also completes the mediation form, which details the final decisions of the divorcing party.
The process
The divorce mediation process is quite different from divorce litigation. Whereas a judge makes the decisions in litigation, the divorcing parties work together to make their decisions in the mediation process. The mediator does not even have a say in the decisions; the mediator is there to help make sure the parties address all necessary topics. In some mediation cases, the parties are in separate rooms with their attorneys, and the mediator facilitates conversation between the two parties.
How to cut costs during divorce
A divorce is going to take a financial toll on you, but you have some level of control over that toll. Not all divorces have to be long, contentious courtroom affairs. While where you live, geographically, will help determine just how much you spend on your divorce, so, too, will certain decisions you make about how to navigate the process.
While your divorce, itself, can cost a substantial amount of money, so, too, can rebuilding your life in the absence of your spouse. Finding and financing a new home, for example, is one such cost, and you will also no longer be able to split the cost of groceries and related expenses once you and your one-time partner split. So, what are some things you can do to cut costs and save yourself money amid divorce?
Consider mediation
Unless the situation between you and your former partner is particularly contentious, Forbes reports that you may want to think about whether you can end your marriage through mediation. Mediated divorces, which involve the two parties sitting down and working through issues with one unbiased mediator, typically save a lot of money. In fact, some estimates suggest that a mediated divorce can run you about $500, while a litigated divorce can cost $32,700.
3 biggest myths about divorce mediation debunked
Perhaps you have heard a lot about the benefits of mediation and want to give it a try, but certain myths are holding you back.
These are just three you may believe that are not true. The bottom line is mediation is usually the best choice.
1. You have less protection
Because mediation is not a court battle, you may believe your rights will not have as much protection. However, you have the same rights and protection. The only thing that differs is how you address them. The mediator helps you and your spouse communicate effectively and respectfully and focus on what is best for your entire family. The mediator can also review legal options with you to help you make informed decisions.
Because you two are involved in the process, it puts you more in control than if you were to fight in court, meaning you actually get more of what you want. Also, even though lawyers are not present during the sessions, it is still best to have your own attorney review the agreement before submitting it to ensure it is accurate and fair.
3 parenting tips for the first summer after divorce
Children look forward to summer - and for good reason. They get to have later bedtimes, pool parties and do not need to go to school. But if you are recently divorced, your kids face unique complications during this season. If you and the other parent are not in a healthy co-parenting relationship, it may expose your kids to conflict when they should be relaxing and enjoying themselves.
The first summer after your divorce is complex, but if you approach it with the mindset of putting your kids first, you can make it through with happy memories. Here is how to prioritize the interests of your kids during summer.
1. Avoid power struggles
The last thing you want to do is make this summer about your own wants and flexing your own power. If the other parent signs your child up for camp and it is an enjoyable experience, do not make a big deal out of it, especially in front of your kids. Remember that your children should be able to have fun and healthy relationships with both of you.
Your divorce does not need to be nasty
When you know that your marriage is coming to an end, you have a lot of worries. You may be concerned about potential conflicts and arguments. A contentious split can wreak havoc on your emotions and finances-not to mention how it may impact your children.
However, contrary to popular belief, divorce does not need to be a nasty process. Believe it or not, you can divorce your spouse amicably and peacefully. There is no guaranteed, step-by-step process for a respectful divorce, but here are some guidelines to stop your breakup from getting unnecessarily ugly.
Understand why your divorce is happening without placing blame
As the saying goes, it takes two to tango. While your spouse may contribute to the divorce, he or she is not the sole reason. If you play the blame game, you are setting yourself up for a whirlwind of fighting and accusations. Instead, consider all the other factors, such as stressors, life changes and skill defects. Once you understand the big picture, you will be less inclined to stir up conflict with your ex.
How to avoid a toxic divorce
Finalizing a divorce is typically a joyous occasion. One Texas woman celebrated her divorce by tying a bunch of explosives to her wedding dress and setting it off.
The end brings a sense of elation. However, you still need to get through the divorce itself, which can be particularly toxic. You may have ended the marriage on bad terms, but you still need to work together with your spouse for the time being. Here are some of the ways to make divorce far more manageable.
Take care of yourself
First and foremost, you need to make sure you are in a good state of mind before seeing your attorney or meeting with your spouse. You will go through a lot of emotions during a divorce, no matter how confident you feel that this is the right thing. Although you have a lot to do during this time, you should still carve out time during the day to do what you enjoy. This can include reading or practicing yoga. Ultimately, you should still engage in your favorite hobbies to take care of your emotional health.