Divorce Mediation Bullet Point Guide (Part 6)
Divorce can be a very complicated concept for many people to understand. There are a lot of different ways to bring a marriage to an end, and for many people, mediation is just one of the best solutions. Compared to things like litigation, mediation provides most couples with a lot more control over what happens at the closure of their relationship.
Mr Darren Shapiro, a divorce attorney and mediator, has been using his years of experience in the environment to provide clients and those considering divorce with information about the mediation process. The 6-part divorce mediation bullet point guide offers an easy way to access information that you may need to start your journey.
Here’s part 6 of that guide.Mature Divorce Mediation
Mature couples going through a divorce procedure, often referred to as “gray” divorces, can sometimes encounter different experiences to younger couples. Mediation is an excellent option for people of all ages, although some will still choose to litigate.
- Having a faster divorce process, which is usually the case with mediation, is often a top priority for older people going through divorces. Additionally, creating a settlement that ensures each side can meet their needs going forward is important too. Like all couples, Mr. Shapiro advices older individuals to also use review attorneys and tax or financial professionals to guide them towards achieving the best outcomes.
- In divorce mediation for couples of all ages, the discussion can focus on a number of things. For instance, it may concentrate on budgets and the transition that needs to be made from one household to two. Another common consideration is retirement assets, like 401ks, pensions, and IRAs. What to do with homes, debts, and even child support or child custody may also still apply for some couples.
- Social security benefits are not something that couples can distribute during divorces. Instead, each person’s entitlement to these benefits will be determined by federal social security laws instead. The benefits are income to each recipient and can sometimes be crucial in determining the right amount of support or maintenance to be paid, however.
- A person’s entitlement to Medicare is also something that is covered by federal law. Mr. Shapiro and similar mediators can sometimes to discuss this to figure out how long a spouse may need to remain on the health insurance plan of another. Separation can be an option to allow a spouse to stay on the other spouse’s plan until Medicare begins.
One challenge that many people face when it comes to divorce mediation, is that they’re not always sure how to get another spouse to agree to exploring the process of divorce mediation. Both parties need to be willing to mediate for the procedure to be successful.
- One option could be for the party that wants to try mediation to explain that there is often less hostility between parents in meditation than in litigation. Since children are often affected by the tension between their parents, meditation can be a better option for those with children. There are studies that a client could reference that highlight how detrimental a painful divorce can be to a child’s wellbeing.
- Appealing to the financial needs of the spouse is also another idea. Mediation is usually the least expensive way to move through a divorce or separation process. On top of that, the experience is often a lot faster too. Most of the time, people will be able to complete their divorce mediation a lot faster, which means that each party can more quickly move on with their lives.
- In some cases, mediation may not be the right solution or every couple. This is sometimes the case for couples involved in relationships featuring domestic violence or abuse. Mr. Shapiro doesn’t believe in automatically removing meditation from the table when abuse happens. However, in this case, it is increasingly important to stress the importance of using review attorneys and layers who can attend mediation sessions with couples.
- Even in difficult circumstances, if each spouse is willing to explore meditation and put the correct safeguards in place, mediation can be an ideal option. Because these situations are somewhat tricky, however, they need to be addressed on a case by case basis.
In some divorce mediation cases, it may be a good idea to seek the advice of financial professionals and accountants. These additional professionals can help people in the mediation to make the right decisions about their future – even when emotions are high.
- Financial professionals can help individuals to focus on budgeting requirements and future expenses like looking after children and bills. These individuals can also help people to better understand things like tax implications and the financial implications of support, maintenance, and equitable distribution of marital debts and assets. The right professionals can also help divorcing individuals to work with things like appraisers, business evaluators, and retirement benefit experts too.
- Whether working with extra professionals or not, people in a divorce mediation should expect to be bound by the agreements that they make. Marital agreements are subject to higher levels of scrutiny than some other contracts. People can usually rely on properly drafted agreements that are made during divorce mediations, unless an issue like duress or undue influence applies.
Hopefully, these bullet points and insights into divorce mediation has helped you to better understand what you can accomplish with this divorce strategy. Those who would like to learn more about using Mr. Shapiro as a divorce attorney, mediator, or review attorney can contact his office for a one-on-one consultation at (516) 333-6555. Up to the first half-hour of the initial consultation is free.