Things to know about Divorce Mediation

1
Things to know about Divorce Mediation
2

• Divorcing someone can be a painful and stressful
  situation, often lasting for years as the couple
  try and negotiate leaving each others 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.

3

• 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.

4

• 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 mediators 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.

5
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.

6

• 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.

7

• 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.

8

• 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.

9
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 someones 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.

10

• 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.

11

• 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.

12

• 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.

13
The End

• To find out more, please visit -
  https//www.eidelmanassoc.com/articles/