Can a Mediator Help Me with an Uncontested Divorce? The Answer is Yes.

An Uncontested Divorce
is one in which the parties decide to reach the terms of their divorce without
going to trial. Generally, this means that the parties work to resolve all
issues relating to, among others, child custody, child support, maintenance,
and equitable distribution of property. The parties come to terms that are then
included in a written document to submit to the Court.

So how can a Mediator
help in this process? A
mediator helps to facilitate the process. The Mediator, acting as a neutral
third party, raises in the mediation
session the issues that must
be addressed and works with the parties to come to agreement on these issues.
The terms of the agreements reached are then subscribed to writing.

The Mediator will
discuss with the parties items including without limitation (a) a
parenting plan, (b) how much child support will be paid, (c) how add-on
expenses/ extra-curricular activities for the children will be shared, (d) will
their be any maintenance paid, (e) will the house be sold, (f) what happens
with the parties’ pensions, (f) is there life insurance or should this be
purchased and who will be the beneficiary, (g) how will the parties file their
tax returns, (h) who is responsible for health insurance, (i) how will the
parties’ debts be allocated, (j) can the parties relocate, (k) how will stocks
and bank accounts be split, etc.

The Mediator does not
represent either of the parties. And the parties are encouraged to have their
own attorneys to assist them and guide them with understanding the law and
reviewing any agreement reached. The parties, generally, do not have their
separate attorneys’ attend the mediation sessions. While mediation generally
results in the parties filing for an uncontested divorce, the issues to be
resolved may be very much contested during the mediation sessions.

Once the terms are
agreed upon, if both parties agree, the mediator can prepare the necessary
documents to file for an uncontested divorce.

An uncontested divorce
upon agreement is a much quicker and cost effective means to obtaining a
divorce. The mediation process also offers the parties a more creative approach
to divorce.

Contact Sheree
Donath to find out if mediation
is the best option for you and how the process works.