When deciding what divorce process is best for one’s situation, mediation may be one of the processes considered. Mediation allows a divorcing couple to collaborate on a solution to divorce, support, property division, and custody issues outside of court, without relying on a judge to make these decisions. A personal and caring mediation environment may lead to a more harmonious resolution to domestic relations issues, which is why this divorce process is becoming increasingly popular.
One consideration to keep in mind about mediation is that each spouse may be more involved in the negotiations as compared to a traditional divorce. Granted, the mediation environment and one’s representation will provide the support they need, but each spouse will have a bigger part in the conversation. If one finds themselves in this situation, the below tips and strategies can help them be their best during the negotiations:
A lot of headaches and stress can occur during a divorce when two spouses are navigating through items associated with their children. This is because children are of the utmost importance, and their wants and needs should be at the forefront of the decisions to ensure that they have the best care and situation possible.
One item that may be brought up in relation to divorce and children is child support. Typically, the parent with the majority of custody time, as defined by overnight custody, will receive child support from the other parent. The child support order should outline all the expected situations regarding support, a significant one being uninsured medical expenses. Here are a few things to keep in mind regarding that topic:
There will be many adjustments in one’s life after a divorce is finalized—from getting used to being single, to the situation of being a co-parent, to transitioning from two salaries to one. While all the emotional and situational adjustments are difficult, the financial adjustments can be one of the more stressful obstacles.
It is normal to feel overwhelmed during this period of transition, but rest assured, once a routine is established, these everyday situations and financial adjustments will become easier. To help one adjust more easily to their financial changes after divorce, below are a few tips and considerations for them to keep in mind:
Almost all divorce proceedings result in a final divorce decree, ending the marriage. While that is the finality of a divorce proceeding, there is so much more that goes into reaching such conclusion. There is the division of assets and debts, which is known as equitable distribution, custody determinations including parenting plans, support such as child and spousal support, and more.
One significant factor in a divorce is the net worth of the spouses involved. This factor can either make the divorce more straightforward or much more complicated. High net worth divorces may include all of the items listed above, but with a more complex asset division and support. To help someone approaching a high net worth divorce understand how their divorce may differ from a more typical divorce, we listed some of the differences below:
There are many different topics that can arise as part of a divorce, but one of the bigger topics of discussion, and sometimes the most stressful, is alimony. Alimony serves as a means to help a party meet their reasonable needs when their income and the assets awarded in equitable distribution are insufficient to meet those reasonable needs.
When a spouse thinks of alimony, they may automatically picture themselves in court to settle the topic, but this does not have to be the case. Mediation can be a helpful process to consider, instead. Mediation allows a divorcing couple to collaborate on a solution to divorce, support, property division, and custody issues outside of court, without relying on a judge to make these decisions. A personal and caring mediation environment may lead to a more harmonious resolution to domestic relations issues.
Some people may offer to share their medical history with others comfortably while others might feel uneasy to share this personal information, especially with the court, and especially during divorce, support or custody proceedings.
Medical records can include information from a variety of items, such as routine checkups, physicals, and vaccination status, to treatments for mental illness, addiction, and plastic surgery. These records can be very personal, and having to share them in a case might seem absurd; however, there are multiple areas where medical records might be relevant, including child custody, support, and the ability to work as part of divorce proceedings. Physical and mental health are two very involved topics when it comes to child custody and spousal support, and here’s why:
Children usually have the highest priority in their parents’ lives, and when a divorce or separation arises, the children are likely considered first. Making sure the children are considered throughout the divorce or separation process and providing them with a smooth transition is important for the children’s future and wellbeing.
Going hand in hand with considering the children during the divorce or separation process is the creation of the parenting plan. This plan should be carefully thought out and as detailed as possible, even though it might take a lot of effort to think through possible scenarios for the future. While this plan is about the children, it will also provide a sense of relief to the parents because it can spell out the specifics of how many situations that may arise will be handled, alleviating the stress over such situations. In addition, when someone is approaching this situation, it is wise for them to lean on their experienced divorce/custody attorney who can guide them in the right direction and ensure they are not missing any important details.
It may have been common in the past for prenuptial agreements to have a negative connotation; however, due to the high rate of divorce, having a prenuptial agreement might actually make more people feel at ease today. Instead of looking at a prenup as a determination that the marriage is going to fail, many look at it as a sense of security knowing what to expect in the case of divorce or death, providing a level of comfort for the individuals.
To create a prenuptial agreement, or postnuptial agreement if you are already married, we recommend consulting with an experienced divorce attorney. These types of agreements, while beneficial to have, can be complicated and should be put together by a professional who understands the couple’s needs and wants and the laws associated with them. If you are considering a prenup, we outlined below what a prenup can and cannot cover so you know what to expect:
Divorce is tough—especially when it has an impact on one’s financial health. It can be scary for one spouse to think that the other spouse’s credit card debt can negatively affect them, even if they weren’t the one spending the money. Or perhaps both spouses have incurred the debt together. What if it prevents one from getting approved for a mortgage for a new home or from refinancing the mortgage on the current residence? What if the payment is split between the two spouses, and now the spouse who did not incur the debt has to sacrifice their own financial goals?
The good news is that there are ways that someone going through a divorce can help prevent these headaches caused by credit card debt. First and foremost, if one does not have an experienced divorce attorney by their side, we highly recommend that they find one so they can lean on them for advice. Additionally, the following tips can help someone approaching a divorce handle credit card debt before it becomes a problem:
When one has children, the first few holidays during or after divorce can be stressful and difficult to navigate. No one in this situation should expect to snap back into life knowing how to handle everything that lies ahead; instead, they should give themselves some grace. The newness of life after divorce is just like other new things in life: one must adjust to them in their own time.
It is important to remember that one should not expect to have all the answers, especially during the holidays, but what they can do is try their best to create a comfortable and enjoyable environment for their children while taking care of themselves. For those parents approaching the holidays during or after divorce, below are a few tips to keep in mind to hopefully help make the holiday season more enjoyable: