Property Division in Divorce Mediation Cases

Divorce mediation occurs when two divorcing parties voluntarily go to a third party mediator to help them come to their own divorce settlement agreement. If you decide to undergo divorce mediation in your divorce, there are several important things you should be aware of. You also need to understand the rules and laws for property division in your state so you can make sure to take those laws into account during your divorce mediation process.

The Process of Divorce

There are three major things that can happen during a divorce:

The couple can split up their assets and custody of their kids and come to an agreement on their own, and it can be written up and given to the judge to approve. This is an uncontested divorce and works only when the couple is able to actually agree on everything- something divorcing couples are usually notoriously bad at.
The couple can go to mediation. They generally have to pay for the 3rd party mediator, who is a qualified individual who has received some type of training both in the law and in negotiations and mediation. The mediator can help the two spouses communicate with each other and come to an agreement- although the mediator doesn't step in and make rules or side with one spouse or the other.
The couple can litigate the divorce. Both the husband and wife will make arguments in court about why they should get the boat, the house, the kids, the dog or whatever it is they are fighting about. The judge will then decide exactly who gets what and what the divorce settlement will consist of.

The Mediation Option

Using mediation to divide up your property and assets can be useful in divorce, as long as both you and your spouse are committed to trying to make the mediation work and as long as neither spouse is hiding assets or property or being otherwise dishonest. The law entitles each spouses to a share of the marital assets (some states using community property rules and some states using equitable distribution rules). Thus, each party who goes to the mediation should be aware of what they are actually entitled to and then should make a plan together based both on what the law allows them to have and on what the individual spouses believe is fair and value the most.

Getting Help

Your attorney can help you throughout the divorce mediation process. He or she can let you know what property the court would likely entitle you to, and can make sure that you get your fair share in an agreement. He can also help make negotiations run smoother at the mediators by interfacing with your spouse's lawyer instead of you and your spouse going at it and arguing.

Thinking About Divorce?