Preparing for Divorce Mediation
Spouses going through a divorce may choose mediation as a way to settle divorce terms. Here’s how to prepare for divorce mediation in California.
To best prepare for divorce mediation in California, spouses should set sensible goals, bring relevantly organized documents, write down any questions they may have, keep an open mind, and get a lawyer.
Set Goals
It’s important to know what you want out of this divorce. Think deeply about divorce terms that would suit your interests, then speak with your attorney to determine if these are reasonable requests. Determine what you’re willing to give up if push comes to shove, and what you won’t leave mediation without. Make a list of your bottom-line goals, ideal arrangements, and trivial preferences. Plan a foresighted strategy with your attorney to ensure your necessary divorce terms are met, while still striving to fulfill your more trivial preferences.
Specifically, talk with your attorney and see what settlements are within reach. You should plan carefully when dealing with significant matters such as child custody, child support, spousal support, and property division in divorce mediation. If sole custody is what you seek, then prepare an organized, effective strategy with your attorney to arrive at such terms in mediation. Planned mediation strategies should list your specific requests, along with supply evidence to back your claims.
Review, Organize, and Bring Documents
Any significant claim that you make should be substantiated by documented evidence. This will undoubtedly strengthen your case, increasing the likelihood that our ideal divorce terms will be met.
It’s crucial to review, organize, and bring documents relevant to any claim you make. If you’re making a claim to an asset, bring financial statements that prove your entitlement. If you’re seeking child support, bring evidence documenting your income and custody arrangements. Speak with your attorney to determine what evidence is relevant and necessary to strengthen your claim.
Spouses should collect, review, organize, and bring the following documents to divorce mediation:
- Financial statements
- Deeds
- Statements detailing expenses
- Legal testimonies
- Custody schedules
- Emails, text messages, or transcribed phone calls
- Police reports
- Court orders
- Requests for Orders
- Any other documents that can back your claims
If you and your spouse’s claims are conflicting, you should back your claim with evidence. Try not to make any claims or accusations without evidence. A divorce attorney can help strengthen your case.
Write Down Ideas, Issues, or Concerns
Divorce mediation is collaborative, and sometimes even creative. If an idea comes to mind that can help you mediation, jot it down. Your ideas, issues, and concerns should be presented and taken into consideration during divorce mediation.
Both spouses should fully understand the terms of their divorce agreements. Before mediation, write down any questions that you may have. This can help clear you and your spouse’s confusion in mediation. It’s important to answer any and all questions spouses may have in mediation.
Know That You Don’t Have to Agree
Understand that you don’t have to leave divorce mediation in agreement. If your spouse is being unreasonable, you totally have the right to get up and walk away. Don’t feel pressured into signing a divorce agreement that you don’t feel comfortable with. Some mediation meetings can be wholly unproductive and counterintuitive; don’t entertain these. If you feel that mediation is taking your divorce in the wrong direction, you can just get up and walk away.
Making Divorce Mediation Successful
You chose mediation because to some degree, you and your spouse are willing to work together to move forward. In divorce mediation, remember to
- Stay calm and collected
- Not get angry or emotional
- Think in the long term
- Be reasonable
- Have an open mind
- Listen
Come to mediation in good faith. Be willing to work with your spouse and hear them out. Keep emotions and anger out of mediation. Don’t make any emotionally charged statements, accusations, or provocations. This can only be counterproductive.
You and your spouse agreed to mediation for a reason: you want to have a civil divorce that doesn’t involve the courtroom. Remember that and keep your cool.
Get A Lawyer
A divorce lawyer can protect your rights in mediation. Matters handled in mediation, like child custody, spousal support, child support, and property division can significantly affect the rest of your life. To protect your right in mediation, get in touch with an experienced divorce lawyer.
Also, many attorneys also perform divorce mediation. Divorce mediation attorneys can better guide discussions, navigate through California’s divorce laws, and facilitate productive negotiations that protect the rights and interests of both spouses. Contact Her Lawyer to get in touch with one of our divorce mediation attorneys.
FAQs About Preparing for Divorce Mediation
How do you file a petition for divorce mediation in California?
In California, you do not need to file a petition for divorce mediation. In order to finalize agreements reached in mediation, you must draft and submit your agreements, along with other divorce paperwork, to a judge for approval.
How do you finalize a divorce in California after mediation?
After mediation, an attorney can draft your final divorce agreement. An attorney can then submit the agreement, along with other divorce papers, to the court for approval. Divorce agreements reached in mediation become final when a judge approves them.
Should your divorce attorney prepare you for mediation?
Your divorce attorney should prepare you for mediation. You and your attorney should carefully devise an effective strategy to set reasonable goals and substantiate your claims in mediation.
For answers to more FAQs about divorce mediation, click here.
Contact Us
If you’re preparing for divorce mediation in California, contact us. We’ll get you in touch with the most qualified attorney or mediator for your unique legal situation. Your first consultation is free.