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When a Marriage Fails, Mediated Divorce May Be the Solution by Cleo Gib





When a Marriage Fails, Mediated Divorce May Be the Solution by
Article Posted: 05/17/2011
Article Views: 112
Articles Written: 12921
Word Count: 356
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When a Marriage Fails, Mediated Divorce May Be the Solution


 
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A divorce is never easy, but the process can go more smoothly and with less trauma and expense when both parties agree to a mediated divorce. In divorce mediation, a neutral third party facilitates the divorce settlement that is satisfactorily agreed to by both parties.

Getting a divorce isn’t just a difficult emotional experience – it can also be a costly financial one. More than splitting assets and property and paying the expenses for two households rather than one, the divorce process itself can set a couple back tens of thousands of dollars in legal and court fees. In particularly contentious cases, this is unavoidable. However, in cases where both parties in the marriage are in agreement that it is time to part ways, there is an alternative to a litigated divorce and that is through mediation.

In a mediated divorce, a neutral third party, often an experienced divorce lawyer facilitates a settlement through a series of meetings in which the terms of the divorce are mutually decided upon by both parties. During the sessions, topics such as property and asset division, child custody and visitation, and all other matters are discussed and negotiated until there are satisfactory agreements. The unbiased mediator helps to keep the negotiations focused to prevent them from devolving into emotional battles. Both parties have equal input so there are fewer resentments or feelings of having lost or being taken advantage of as are so common in litigated divorces.

Once the divorce settlement is agreed upon, it is filed with the court according to the laws of the state. Because the only filing is the final settlement agreement, personal matters are kept out of the public record, unlike in litigated divorces in which everything said and presented in court is public. This added privacy that protects the couple, their children, and their families is an added benefit of seeking a mediated divorce and avoiding litigation.

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