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My spouse and I can't talk about our issues together. Does this mean mediation will not work?
Many of our clients find that they can communicate with each other in a mediation session better than they do at home. Having a neutral, non-judgmental person guiding the discussions helps to ease the tension and to help couples talk about issues that are difficult.
There are many mediators out there, how do I choose the right one?
When looking for a mediator, here are some questions that are important to ask:
- For how long have you been mediating?
- What percent of your work is mediation? (Many mediators mediate only a few cases each year and spend most of their time doing other work)
- What percent of your work is divorce mediation? (Many mediators do not specialize in divorce)
- Do you write agreements? (Some mediators are legally not allowed to write agreements because they are not lawyers, others do not feel comfortable writing an agreement)
I have been told that we are going to have to sell our house if we divorce, is this correct?
One benefit to mediation is that you and your spouse are in control of what happens with your house. You can decide to keep the house for a certain amount of time, such as for a year, or until your last child goes to college. You can also decide that it is best for one person to buy out the other person's interest in the house. You can also decide that it is best to sell the house soon and share the proceeds. In mediation you reach a decision about the house based on your specific circumstances.
Why can't my wife and I write our own agreement and file?
Your divorce agreement is a legal document that must be approved by a judge. It needs to cover many financial, and if you have minor children, parenting rights and responsibilities.
Often people who write their own agreements have these agreements rejected by the court because the agreements do not cover the wide array of issues involved in a divorce or
because the agreement is based on faulty assumptions about divorce law. Our role is to make sure that your final agreement will be based on your being fully informed so that you can
make wise decisions about your future.
When is the right time to tell our children that we are divorcing, and what should we tell them?
How and when you should tell your children that you are divorcing depends on several factors including their age and what stage of the divorce process you are in. We will
give you the tools and information you need to decide when and how to tell your children about your divorce. One of the best reasons to mediate is that we insure that your
children's interests remain at the center of our discussions so that they can be protected as much as possible during this process and in the future.