Going through a divorce can be a stressful time. Even if the divorce is mutual, you have to figure out where to start to develop a reasonable agreement. Mediations with a professional mediator are often less emotionally painful than other divorce methods.
Mediation is private and informal. Typically, the stages include:
- Introduction
- Gathering information
- Individual meetings with the mediator
- Negotiation
- Final decision
Through this process, you can make decisions that work for both parties and the children involved (if any). If you were to go through the court system, the final decision might not make either of you happy.
If you are looking for representation through your divorce in Las Vegas, call McFarling Law Group at 702-766-6671.
What Is Divorce Mediation?
A mediated divorce allows the divorcing parties to formulate fair terms with the help of a certified mediator. The mediator acts as a neutral assistant so that you can resolve all of the terms of the divorce peacefully. They can also help guide you to solutions you may not have considered.
A mediator can help you and your spouse agree on:
- Child support
- Child custody
- Division of property
- Spousal support
- Division of other assets
When you sit and talk with a Las Vegas divorce mediation attorney, you can get a plan customized for your specific situation. Most people can finish the process after just a few sittings with a mediator. Additionally, mediated plans tend to have more benefits than court-ruled plans.
Many states require that couples attempt mediation before they go to court. Mediation has many benefits, including:
- All parties have an equal say
- Dividing property and other assets is less painful with the help of another party
- Mediators can tell you what’s normal for your circumstance
- You can save money by agreeing on everything before filing for divorce
- Both spouses can express themselves
Before you attend a session, ask yourself what you hope will come out of it. What do you want to ask for? What would happen if you went to court? What is the best way to negotiate? An attorney can help you answer these questions.
Why Might You Want to Mediate Your Divorce In Las Vegas?
There are two general types of divorces. A contested divorce is the most common type. In contested divorces, one or both spouses disagree with an aspect of the divorce. Therefore, spouses have to go through a complicated process to finalize their divorce. This process includes:
- Preparing, filing, and delivering the divorce paperwork
- Searching for and hiring an attorney
- Complete various legal procedures to get information about the other spouse
- Deal with negotiations
- Go to trial if the settlement doesn’t succeed
During the trial, the spouses will present witnesses, and the lawyers will have to cross-examine them. Then, a judge will make a final decision. This type of divorce is time-consuming, strenuous, and expensive. When it’s all over, the judge may come to a conclusion that benefits neither spouse.
In a mediated divorce—also called a mediated or uncontested divorce—spouses can finalize the end of their marriage much faster. These divorces involve less stress and less money spent on legal fees. A Las Vegas mediated divorce attorney can tell you the legal requirements to file an uncontested divorce.
Lastly, Las Vegas divorce mediation can help preserve the relationship between you and your spouse. You can gain clarity on the underlying issues, and all of your business will stay confidential.
For this process to work, the divorcing spouses must be cooperative and willing to work together. Both spouses also have to be willing to compromise. If you want to end your marriage without a court battle, you should choose Las Vegas divorce mediation services.
What Does the Divorce Mediator Do?
The mediator’s goal is to encourage the divorcing spouses to come to a fair, acceptable, written agreement. They are a neutral third party who helps dissolve disagreements about the issues and financial matters.
While the mediator participates in the negotiations, they do not have control over the outcome. Unlike a judge, a mediator cannot make the final decisions. The spouses have full control over what happens.
An experienced mediator may or may not be from a law firm. Mediators can also come from financial or mental health professional backgrounds. Good mediators:
- Have professional training
- Know how to remain neutral
- Understand the issues
- Can resolve complex financial situations
The mediator does not individually represent one party, and they should not give legal advice to either spouse. However, when you use a mediator, you will know the exact outcome of your divorce.
What Does the Divorce Attorney Do?
A Las Vegas mediated divorce lawyer can give you legal advice and coach you through the mediation process. It’s a good idea to consult a divorce attorney so that you don’t walk away with less than you deserve. You also don’t want to push the other party too hard and cause them to give up on negotiating.
Additionally, a lawyer can educate you on Las Vegas laws on property and child support. You don’t want to go into mediation without some knowledge of the law. Las Vegas divorce mediation lawyer can also:
- Help you select a mediator
- Explain mediation procedures
- Help you review a proposed written settlement
- Prepare the formal paperwork to finalize the divorce
You should also have an attorney review any agreement before you sign it. Pick a lawyer who is knowledgeable about mediation and divorce procedures.
If the mediation is unsuccessful and the parties cannot agree, you can go back to the traditional divorce process. Then, you will already have a lawyer to negotiate and litigate on your behalf.
Conclusion
You do not want to underestimate the value of professional advice during a mediated divorce. Even if both parties are amicable, you still want to know your rights and be well-informed. For this reason, you should contact a Las Vegas mediated divorce law firm so that you can get the best possible outcome.
For highly-skilled representation, please contact McFarling Law Group at 702-766-6671 to schedule a confidential consultation with one of our Las Vegas attorneys.