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Family Law May 24, 2013
 
Family Law
 

Community Income Allocation and Equitable Remedies

Under the laws of some states (i.e., "community property" states), property acquired and income earned during marriage may be "community" ...(more)

 

Injured Children and the Right to Recover Consortium Damages

Although "loss of consortium" damages are traditionally associated with spousal relationships, modern cases have extended the right to recover them ...(more)

 

Recalling Hazardous Toys to Protect Children

The U.S. Consumer Product Safety Commission (CPSC) regulates the distribution of 15,000 types of consumer products that pose an unreasonable ...(more)

 

Retirement Benefit Distribution Upon Divorce

Upon divorce, all debts, property and assets must be divided between the spouses according to applicable percentages set by state ...(more)

 

Family Law In The News

IRS Audited Thousands of Adoptive Families

Ginsburg: Court should have avoided broad-based decision in Roe v. Wade

Minn. lawmakers prepare to vote on same-sex marriage

Ex-wife's lawsuit claims she was scammed to provide child support to mistress

State, not his wife, sued Ferguson for child support, lawyer says

Successful Divorce Mediation


Divorce mediation, an alternative to traditional divorce proceedings, is a means to resolve the complex issues of a divorce. Mediation involves the services of a trained and neutral person who works with the parties to facilitate the settlement of disputed issues. Such person is known as the "mediator."

In traditional divorce proceedings, the judge ultimately determines child support, child custody, spousal support and property issues. Mediation, on the other hand, allows couples to control the outcome of their divorce. Additionally, the mediation process is non-adversarial in nature, which is especially important for couples with children, as like-minded parents can establish parenting plans with minimum disruption to the lives of their children.

Preparation for Mediation
Divorce mediation is most effective when both spouses have accepted that a divorce is imminent. However, even when only one spouse has decided that they want a divorce, mediation may still be a viable option.

Special Issues That May Frustrate the Mediation Process 
It is recommended that the couple be in good mental and emotional health before entering into mediation. If the mediator feels that one spouse's emotional health is at stake, she may refer that spouse to counseling before beginning the mediation process.

Mediation may not be the best alternative in all situations. For example, mediation may not be suitable in situations where domestic violence or drug and alcohol abuse are involved. Inherent in domestic violence situations are volatile feelings, and often, emotional abuse. This often creates a communication gap between the parties that even mediation cannot overcome. Where alcohol and drug abuse are involved, mental impairment and erratic behavior can follow, often frustrating the goal of mediation.

Other factors that may frustrate mediation include:

  • Spouses who lie about finances
  • Easily intimidated spouses
  • Contentious spouses
  • Spouses who feel that the other spouse is incapable of child care

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