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Mediation Divorce


What Is Mediation Divorce?

Would you believe that it’s possible to consider divorce without any document fees, without having to deliver any of the documents, without even having to wait for the judgment or decree from the court?

Believe it. Because that’s what mediation divorce is.

The Details on Mediation Divorce

It’s different than your traditional process of filing for a petition of divorce. Know this, though: there are certain factors that must be present in order to proceed with a mediation divorce….

1. Both Spouses Consent
2. Both Spouses Can Disagree With Some Provisions
3. Both Spouses Should Agree On the Petition

These aren’t ‘requirements,’ though. Just factors to make the mediation divorce possible.

A mediation divorce doesn’t involve a courtroom, nor does it involve a judge, or even attorneys. Simply put, the mediation divorce occurs outside the courthouse in the office of the place offering services for mediation, facilitated by what is commonly called the “divorce mediator.”

Surprisingly, this is relatively common in cases involving a divorce petition. A “divorce mediator” during any mediation for divorce can accomplish many of the things that can involve a petition, such as:

1. Property Distribution
2. Child Custody
3. Parenting Time
4. Child Support
5. Retirement
6. Taxes
7. Alimony

Now, of course, all of these can be mediated as well in a courtroom, and most likely would involve attorneys as legal representation. This, however, can involve a great deal of time and a lot of paperwork.

Many opt for mediation for those reasons. But here are a few more:

1. Mediations Are Confidential
2. Mediations Are Impartial (No Lawyers Necessary)
3. Mediations Are Quick
4. And Mediations Can Be Cost-Effective

Whatever happens in the courtroom doesn’t stay in the courtroom. In other words, all issues, cases, disputes, lawsuits, etc. etc. – they’re public domain. Anyone can find out about all that occurs within the halls of the county courthouse.

Mediation is different, though; a divorce petition through mediation is completely confidential.

Typically mediation is utilized between spouses to get the process going quickly without the need for legal aid. That usually means the petition for a divorce is mutual. Most times, if spouses are disputing the petition, either in part or in whole, mediation may not be the way to go.

It most certainly would have to go to court. So keep that in mind.

In addition, because there are no lawyers present during a mediation process, a divorce mediator does act with impartiality, neither favoring the side of either spouse. The mediator’s purpose is simply to assist in coming to an agreement on the petition for a divorce in a timely, peaceful, and beneficial manner.

On the subject of cost and time, common costs for a mediation may be around $3,000. It can vary. And it may take 90 days for it to go through. In contrast, a court dispute may end up costing as much as $18,000 total for court costs, lawyer fees, and document fees.

So no matter how you look at it, mediation is a good alternative if you want to save money and time. 

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