When you and your spouse decide to go your different ways, there are several different methods of settling the issues that need to be determined. Some couples decide to leave it up to a judge to decide on common divorce-related factors such as alimony, child custody, child support, and the division of assets. In some divorces, this is the best way to move forward, but divorcing couples will benefit more from a process known as mediation. In mediation, both spouses can share their reasoning and desires for settling specific issues. Many couples use this method because it allows them to be more in control of their future and can expedite their divorce.
You can learn more about this often successful process by meeting with a seasoned Huntsville mediation attorney. The attorney can discuss the issues present in your divorce and guide you through how mediation could work to provide you with a positive outcome in your divorce.
What is a Mediated Divorce?
Mediation is a common method used for negotiations in a divorce. Both spouses, along with their respective Huntsville mediation lawyers, meet with a neutral third party, known as a mediator. These meetings involve discussions to settle the issues present in the divorce. It is important to note that the mediator is not there to make decisions on your behalf; they are there to facilitate a discussion and negotiations. This way you and your soon-to-be ex-spouse can determine what is best moving forward.
The Benefits of Using Mediation in a Divorce
With so many benefits, it is no wonder that mediation is a common method used by divorcing couples to resolve their issues. One of the main reasons spouses choose mediation is because it gives them more control over their future. Letting a family court judge determine issues like child visitation and custody and asset division often feels risky for both parties. When a judge decides, it’s possible that neither party will be happy with the outcome. With mediation, they can work together to find workable and individualized solutions, instead of letting a stranger determine their fate.
Another benefit and popular reason for choosing mediation is that it is usually a quicker process than other options. If both spouses can work through their issues and agree on how to handle them in the future, a judge will simply need to sign off on their agreement. If they cannot do this, the judge will need to examine the issues, hold hearings, and then make determinations before signing off on the divorce decree. Family judges often have busy schedules, which will have divorcing couples waiting a while if they choose to let a judge resolve the issues in their divorce.
In addition to usually being faster, mediation is also less expensive. Without the need to go to court hearings or trials, couples will pay less in legal expenses than couples who decide to go to court to get divorced. Other benefits of divorce mediation include:
- The possibility of settling all issues in the divorce
- Confidentiality as no public record is created from your mediation sessions
- You can still use a Huntsville mediation attorney to provide you with legal representation and advice
- Possible improved communications with your spouse that can help avoid or settle future conflicts
- The stipulations of your divorce will not be based on rigid legal standards but rather what you and your spouse believe is fair
Should I Hire a Huntsville Mediation Lawyer?
Keep in mind that choosing a mediated divorce does not mean you do not need the services of an experienced Huntsville mediation attorney. If anything, you will benefit more from having an attorney. You are not required to be represented by an attorney in a mediated divorce; however, there are many benefits to doing so.
You will know precisely what your legal rights are in this process and moving forward with a lawyer at your side. If you do not understand your legal rights, you may give up too much in negotiations. If you believe your legal rights are more than what they really are, your expectations for mediation can cause your spouse to be unwilling to negotiate with you. Having a Huntsville mediation lawyer can help you bring balance to your negotiations.
Before starting the negotiation process, you should be familiar with Alabama’s marital property, alimony, and child support laws. It is best to gain this familiarity by hiring an attorney. A Huntsville mediation attorney can also help you by:
- Help select a mediator (if the court doesn’t assign one)
- Prepare you for mediation
- Clarify the mediation rules and procedures
- Help you explore potential settlements and determine which are realistic and fair
- Appraise any prospective settlements for missing specifics or other potential problems before you sign it
- Prepare formal divorce paperwork once a mediated settlement is reached
By hiring an attorney who has experience working with family law and mediation clients, your mediation process is more likely to be worth your investment of time and money.
Call a Seasoned Huntsville Mediation Attorney Today to Find out if Mediation is Right for Your Divorce
Divorce is inherently messy. No matter what type of divorce process you and your spouse select, it will likely be filled with questions, concerns, stress, and frustration. We are here to help you through this difficult season of life and will do all that we can to make this process easier and more successful for you. The attorneys at Cloud, Ryan & Rouse can educate you on Alabama divorce laws and help you set up realistic expectations going into the mediation process.
When you hire us, we know you are trusting our staff with sensitive and crucial parts of your life. We do not take this trust lightly and pride ourselves in giving our clients the divorce representation they deserve.
Schedule your legal consultation with a Huntsville mediation lawyer at Cloud, Ryan & Rouse today, by calling us at 256-801-1000 or using our convenient online contact form. We can help you achieve the best possible mediation outcome.