You may not realize that, in certain situations, your divorce can be just a matter of filling out the correct forms and submitting them to the court. There may be no need to ever appear in front of a judge. In mediation, you and your spouse work together with a joint, neutral, attorney who can help you both through the divorce process in an amicable manner.
Here are some questions to ask yourself whether mediation may be right for you:
- Can my spouse and I still communicate? If you and your spouse can still communicate reasonably well, then it probably makes sense to sit down with a mediator to talk things through and get as many agreements in writing as possible. Or, if you do not have any agreements yet, talk through what you are each entitled to under California law before discussing potential agreements.
- Are costs a concern? Mediation is always less costly than litigation, and in most cases the spouses equally share mediation costs. This means you are each paying 50% of the attorney’s hourly rate. This can help alleviate the financial stress that divorce often brings into both parties’ lives.
- How do I want to walk away from my marriage? In my practice, I have worked with husbands and wives who can’t stand the other spouse, and others who get along wonderfully throughout the process. If you are someone who wants nothing to do with your spouse, in any manner, then perhaps mediation is not for you. However, if you and your spouse still want to maintain a good relationship following the divorce, I have found that mediation is a good, non-confrontational method for each party to finish their divorce, and walk away with dignity.