Many couples using mediation when divorcing

On behalf of Jarrell, Hicks & Waldman, PC posted in Divorce on Tuesday, January 24, 2012.

Divorce is tough. Viewing it as a business agreement to be dissolved, is how some couples are looking at their separation and using mediation as a way to navigate through their divorce.

With today's slumping economy, there is a growing trend among couples who decide to divorce, to use mediation to divide their assets, set up child custody, visitation and alimony. The ultimate goal by using mediation is to separate everything fairly.

When the housing market crashed and many homeowners found themselves under water with their mortgages, many families were having a hard time figuring out their financial situation and how it could affect their divorce. Some couples are choosing to stay married longer in hopes that the economy will pick up and that they'll have more assets to divide later when they divorce.

On the other hand, some people want to move forward with a divorce, but don't want to take their chances by going before a judge to handle the division of property and assets. In this instance, there is typically one side that doesn't feel that they were treated fairly.

Mediation may not be the way to go for some couples. Too often, anger and resentment can get in the way of clear thinking. Both people need to be on the same page with where the marriage is at and view the separation constructively. The minute emotions get in the way and blame starts happening, it's probably not a viable solution. When mediation doesn't work, a judge will decide the division of assets.

Divorce can be emotionally and financially complex and only the advice of a family law attorney can help you navigate through these complex issues. Creating the life you want after divorce is what an attorney can help you figure it out. Each individual situation is unique and needs to work for your family situation.

Source: The Denver Post, "Mediation and divorce on the rise," David Migoya, Jan. 23, 2012

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