In an effort to make the divorce negotiations more civil and to help them proceed in a timely manner, your Tulsa divorce lawyer may recommend that the couple enters into mediation prior to going to court for the finalization of their divorce. Mediation allows both sides of the party to sit down and make all the plans for the divorce in a controlled environment. These plans can then be submitted to the court for final approval and the granting of the divorce.How Does Divorce Mediation Work?
Both parties will have a Tulsa divorce mediation lawyer representing their interests during the negotiations. A meeting will be arranged for both parties and their Tulsa divorce lawyer to be present, and then they will approach each important subject concerning the divorce. This will include:
• Splitting of marital assets
• Splitting of marital debts
• Child custody, support and visitation schedules
• Spousal support
• Additional issues such as medical coverage
Splitting of Marital Assets
Negotiations will take place to determine how the assets that were gained during the marriage will be split between the couple. This includes everything that was purchased or gained while married. This can be a very difficult part of the negotiations, especially when one spouse has hidden assets or believes they are entitled to more than the other spouse.
Possessions such as the home, cars, recreational vehicles, furnishings, artwork, jewelry, and even gifts given to each other must be divided. Investments and retirement accounts must be addressed, and future financial obligations must also be addressed. When one spouse did not work, or there were a lot of assets brought into the marriage from either party, it may take more than one negotiation session to make sure that the assets are divided fairly between the two parties.
Division Of Marital Debts
Responsibility for current, and some future, debts must be addressed at this time. Credit card and other non-secured debt must be looked at to see who was responsible for incurring the debt and who should be responsible for repaying the debt now that a divorce is at hand. Marital debt division may be difficult if some of the debt occurred prior to the marriage and then was added to after the wedding date. However, most people work together easily to make these decisions to ensure that they protect their own credit rating.
Child Custody, Support, and Visitation
Determining child custody, support and visitation is often the most difficult task during the divorce mediation. Children are the lasting bond between the couple, and this is often a highly emotional subject for both parties. However, the lawyers understand that this is a very volatile subject and will work to ensure that the best interests of the children are made.
Many factors will go into establishing the type of custody given to each parent as well as visitation schedules and support. Special support needs for children with disabilities will be made to ensure these children always have what they need. Other factors, such as financial support for sports activities may be included in these negotiations.
This part of the negotiations is very critical to a successful divorce. The court will look very carefully at this part of the divorce contract to ensure that the children are protected in every way.
Depending on the facts of the marriage, there may be a need to set spousal support for one of the partners in the former marriage. This may be set for a specific time period, or based on the age of the couple, may be set for the rest of their life. Many different factors must be considered for this, and each side of the party must come to full agreement.
There may be additional factors that must be considered as part of the divorce. Since each circumstance surrounding a marriage and the divorce is different, each one must be negotiated in a different way.
For instance, if one spouse does not have access to medical care coverage, the other spouse may be asked to cover the spouse and children for a limited time until additional insurance can be purchased. Another example may be that one spouse wishes to attend school so that they can support themselves now that they are single. Part of the divorce decree may be that the other spouse helps pay for daycare while they attend school.
Each Tulsa divorce mediation lawyer will represent the best interest of their client while ensuring that the negotiations are within the law and will benefit all parties involved. Depending on the many factors that must be discussed, it may take one or more meetings to accomplish a final agreement. Once the negotiations have been agreed upon, the attorneys can approach the court for a final divorce decree for the couple.
Reducing Costs And Time
Using a Tulsa divorce lawyer to mediate your divorce will be beneficial to you in many ways. It will help reduce the costs associated with getting divorced as well as reduce the amount of time it takes to finalize the action. This reduction in time in no way affects the outcome of the divorce, in fact, it probably improves the chances of the court granting the divorce on the first try because everything is in order.
Divorce is never easy, but it also does not have to be hard. Working with your attorney and using the mediation process instead of battling out the divorce in court can lead to a much more amicable split and allow the divorce to finalize in a timely manner.