Tuesday, 17 July 2012

How Does Divorce Mediation Work?

A couple getting married would always wish that their union would last for a life time, but sometimes things do not work out. At a point of time, the couple needs to make the most painful decision of their life and move apart. When the divorce is through mutual understanding the couple opt for uncontested divorce and when the couple have some difference regarding the legal issues related to divorce, then they opt for contested divorce. Mediation is a process in which the divorcing couples are helped by a mediator to work out problems related to marital issues, disagreements related to legal issues, and other problems.
Mediation process is given importance in Texas, hence almost 95 percent of the divorces in the state are uncontested. A mediator is a person who has received formal training from a recognized institute and has good knowledge about divorce laws, tax, budgeting.

Divorce mediation steps

  • The divorcing couple either opt for mediation or the court orders them to attend mediation
  • The couple first need to attend the orientation session where the mediator explains them details about the mediation process and rules
  • The couple need to attend 3 to 9 session of mediation to resolve issues related to divorce
  • All the legal matter such as child custody, child support, visitation rights, alimony, property division, and debt division are sorted out
  • Once all the decision related major issues have been made the mediator notes them down in a documents known as Rule 11 Agreement
  • This document is submitted to the respective lawyers, who forward them in court for signature

When the grounds of divorce are harassment or torture, then one should not opt for mediation. Mediation helps to reduce divorce cost and save the couple from attending trials. 


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    Some Western jurisdictions have a no-fault divorce system, which requires no allegation or proof of fault of either party. The barest of assertions suffice. For example, in countries that require "irretrievable breakdown", the mere assertion that the marriage has broken down will satisfy the judicial officer. In other jurisdictions requiring irreconcilable differences, the mere allegation that the marriage has been destroyed by these differences is enough for granting a divorce. Courts will not inquire into facts. A "yes" is enough, even if the other party vehemently says "no".
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  3. Thank you for sharing. Certainly one of the most emotionally charged aspects of your divorce concerns your child or children. Tragically, children all too often get caught in the cross-fire of divorcing parents, when what should be ultimately important to everyone concerned is the welfare of the child.

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