Before getting into how to go about
proposing the idea of a mediated or collaborative divorce to your spouse, let
us first take a closer look at what exactly a collaborative divorce is and its
benefits over a traditional divorce proceeding.
A mediated divorce is basically a
divorce in which a third party known as a mediator is involved. A mediator is a
third party who is unbiased and will help the two spouses reach an agreement on
the divorce and other divorce related issues such as property division,
alimony, child support, child custody, asset division, spousal support, and any
other related issues. This person could save you some divorce lawyer fees.
Mediated or collaborative divorces are a
much better option for divorcing spouses as it harbors amicability and a sense
of working together to dissolve the marriage in a mutually beneficial way as
opposed to being at each other’s throats in a customary courtroom drama kind of
divorce proceeding. Not even divorce lawyers want this. Furthermore, it is also
a much more inexpensive way to sort out a divorce.
Keeping
more of Your Money
In a traditional divorce, the longer it
goes on the higher the legal fees are, and additionally, there are two lawyers
involved (one for each spouse) and collectively the spouses end up losing much
more financially. Whereas in a collaborative divorce there is only one divorce
attorney in the midst and most of the terms are settled out of court, which
helps keep expenses at an all-time low.
Mediation is also a salient way to
ensure that the divorce does not affect children too negatively. It is not a fantastic
thing for a child to see their parents battling it out and fuming at each
other, therefore when the spouses sit down like adults and talk things out
rationally the children can be spared a lot of trauma and stress.
If the other side wants to play rough
you need to be ready. This is where this site
comes in to the fray. If you need a legal representative this site will have
some contacts for you in the legal community. You want to keep things amicable
with the other side and a legal professional will help you do this. But if the
situation goes south, you want a lawyer that knows how to get their hands dirty
when and if that is necessary.
How
you can get your spouse to agree to a divorce mediation?
You may either verbally propose the idea
to your spouse or give it in writing. You can do it face to face or over the
cellphone, but if you want to hand it in writing then a divorce lawyer will be
able to help make sure you list all the benefits of a mediated divorce. Also,
if you and your spouse are not in speaking terms then a written statement would
obviously be the way to go.
Offering
Brochures and other Material
There are plenty of brochures and flyers
meant to advertise mediated divorces in the right light. You can show these to
your spouse to get a grasp of how a mediated divorce is actually the most
sensible way to dissolve a marriage and still maintain a healthy relationship
with your spouse.
Another compelling way to propose this
idea to your spouse would be to actually appoint a divorce lawyer/mediator who
will meet your spouse face to face and explain the whole process to him or her.
Just make sure to seek legal assistance from someone well experienced in family
law.
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