Atkinson & Kelsey Law Firm Blog

Steps to prepare for divorce mediation

The divorce process does not often include many incidents of agreement, or at least many couples do not thing it is possible to end a marriage in a fair, civil and rational manner. When spouses in New Mexico seek to dissolve their union in the most effective way, some might consider divorce mediation, especially if they seek alternatives to litigation and are able to communicate well with their soon-to-be ex. While there are various options couples could consider to finalize their divorce, those considering divorce mediation should understand the steps involved in the process in order to establish whether it is a good fit for them.

The divorce mediation process is very new and foreign to many couples going through dissolution. This is why it is important to become knowledgeable so they can prepare for the process. First, each spouse should organize his or her financial documents. Property division is often a lengthy step, and each spouse should do as much as they can to ease the process. Similarly, in order to ease the process, a budget should be prepared. This would include how much each spouse is willing to pay for the divorce process and other payments such as alimony and child support, if applicable.

Next, it is crucial to get emotions under control. It is clear that the divorce process is an emotional event, but the mediation process is not a time to highlight that aspect. If emotions get in the way, the process will not be as effective and it could lead to serious disputes.

Each spouse should be prepared to negotiate and understand how that is different than arguing. In addition, they are afforded the right to have a lawyer present to provide them with legal advice throughout the process. Moreover, because unplanned events could occur, spouses should be aware they can ask to speak to mediators alone.

No matter what, it is important that couples learn what their rights are and what their obligations are both during the divorce process and post-divorce. When entering a process that is very emotional and new, it might be a good idea to memorialize these concerns in writing so they could be address at the start of the process.

Divorcing couples in New Mexico have various divorce methods available to them, so it is crucial they are aware of all of their options. This will not only ensure the process is carried out in the fairest way possible but also provides each spouse with insights on all the processes and what their rights are.

Source: Huffington Post, “How to Prepare for Your First Mediation Session — Your Eight Steps Plan,” accessed on Nov. 12, 2014