One divorce option is mediation. The mediator is a neutral. This means the mediator does not represent either spouse. The Mediator is there to advise you on the procedural requirements to file for a divorce or legal separation. The mediator will prepare the summons, complaint and automatic orders necessary to start the process. They will guide you in your efforts to reach a fair and equitable resolution of all the issues in your divorce or legal separation. A mediator will prepare the agreement once you and your spouse have reached a final resolution of all the outstanding issues that need to be addressed.
In order to reach a sustainable agreement, the spouses must discuss all the issues and reach a fair and equitable agreement. In order to do this the mediator will have you provide all your financial information, whether it includes premarital items, gifts or inheritances. Financial affidavits will be prepared by the mediator and disclosure of all income and assets is required in Connecticut and each spouse must declare under oath the disclosure is complete. Assets include retirement plans, real estate, investments and motor vehicle. If an asset needs to be valued, the mediator will help you locate the appropriate professional to undertake this task. If there are retirement plans, the mediator will review the documents and direct you to a pension attorney, if necessary to transfer some or this entire asset to the other spouse. The mediator will explain that Income includes all sources of income, whether from earnings, investments or businesses.
You may have minor children or children attending college with the accompanying additional concerns to be addressed. The mediator will provide options for parenting plans allowing you and your spouse to determine what is best for your child/ren. They will provide you the options of sole custody, joint custody or shared custody. The mediator will prepare the child support guidelines based upon the financial information you provide and the parenting plan you have chosen.
The court fee, State Marshal fee and Mediator’s fee will be paid according to the spouse’s agreement. This may mean they share the fees equally, one spouse pays the entire expense of the mediation or payment is proportional to their income.
The mediator will encourage you to week an independent attorney to represent your interest. This attorney will educate you of the law and practice in each area of the agreement. Independent counsel will advise you whether the agreement is in your best interests.
There are some cases that are not appropriate for mediation. An example of this is a situation where there are domestic violence concerns and a resulting emotional imbalance in the relationship, There may be safety concerns which cannot be adequately protected in mediation.
An attorney can discuss the facts of your case and help both spouses determine if mediation is an option that will address both of your concerns. Contact Gryk & Frolich LLC and a Connecticut attorney may be able to assist you.
This should not be taken as legal advice and the reader is advised to contact an attorney to determine their rights. Law varies from state to state.