What to Ask For in Divorce Mediation
Uncontested Divorce Mediation
Posted January 17, 2024
Even an uncontested divorce can become difficult when it comes to dividing property and assets, and the process can be much more frustrating if neither of you will willingly let go of anything. While no division will go exactly how you want it to, choosing Split Simply’s Denver divorce mediation services can be an important step in improving your likelihood of getting what is most important to you and ensuring that other property and assets are divided as reasonably as possible. Here are seven of the most important things to consider when working with a divorce mediator.
Fair Asset Division
Dividing your savings accounts, retirement accounts, and other money can be one of the most frustrating parts of a divorce, especially for affluent couples that will lose a much higher amount than lower-income individuals. While you will likely have the security of not having to worry about receiving too little to make ends meet, you may also have a business or other very high-value assets that can be particularly difficult to divide. Divorce mediation plays a crucial role in ensuring that asset division is as equitable as possible, no matter how much you have.
Fair Property Division
Coming to an agreement on how homes, vehicles, high-value possessions, and other property should be divided is challenging in most divorces, but it can be particularly difficult for couples with above-average incomes and a significant amount of valuable property to consider. Owning multiple vehicles, a boat, all the latest electronics, and the home of your dreams can be wonderful, but it also means that going into a divorce will likely be harder on you from the beginning than it is for people with much less to lose.
Knowing that you will lose access to half of your current life is never easy, but working with an experienced divorce mediator can increase your likelihood of getting the property that is most important to you and making sure your division is as fair as possible.
Ideal Child Custody Arrangement
As a parent, you likely want what is best for your children. This means that it is important to remember that your children are not property to be divided equally, and a 50-50 custody split may not be the best option for every child. Fair custody decisions are made based on the best interests of the children, and many children have more stable home lives when they primarily live with one parent. That being said, it is certainly appropriate to provide as much information as possible to sway this decision in your favor if you believe that being granted sole custody of your children or having them live with you the majority of the time aligns with their preferences and will give them a more stable, safe, and opportunity-filled life.
Reasonable Child Support
Raising children is expensive, especially when it comes to making sure your children continue to have access to opportunities. Many parents that are awarded sole custody can have a hard time keeping up with costs of food, clothing, educational and extracurricular opportunities, medical care, and other expenses, especially when they are first doing so with one income instead of two. Even high-income individuals may struggle to make this adjustment, especially if they will become solely responsible for private school tuition and expensive extracurricular activities for several children.
Child support plays an essential role in helping parents that primarily care for their children make ends meet, and working with a divorce mediator to come to an agreement on how much these payments should be is an important step in making sure they are sufficient enough to make a difference.
Fair Debt Allocation
Many couples have credit card debt, student loans, a mortgage, car payments, and other types of debt when they divorce, and the amount of total debt that needs to be accounted for is often much higher for affluent couples than it is for those with fewer opportunities to make large purchases. Even if you have been paying off everything relatively equally by using a joint bank account and shared finances, many types of debt allocation are based on who the purchase ultimately belongs to. Student loans are generally given back to that individual, whoever is awarded a vehicle that is in both of your names will become solely responsible for the remainder of its payments, and and other debts that clearly belong to one person are often given to that individual.
However, other debts are not as clear. For example, it can be difficult to prove who made purchases on a credit card you both use, and neither of you may be thrilled about continuing to pay your mortgage if you are planning to sell your house. A divorce mediator can work with you to determine the most reasonable options for dividing various types of debt.
Insurance Policy Ownership
Shared insurance policies generally become solely owned by one person following a divorce, while the other person needs to purchase their own policy. You will likely get to keep some of your policies and be in the market for others, and a divorce mediator can work with you to determine which ones you should get priority for. Car insurance, homeowners insurance, and similar policies will generally go to whoever is awarded that property, but a mediator can increase your likelihood of keeping your current health insurance policy or another policy that is especially important to you.
Fair Spousal Support
Many affluent couples to not need to worry about spousal support, but it can be a concern if your partner earns enough that you did not need to work at all or could work more out of enjoyment than necessity. Earning far less than your spouse or no money of your own at all can be a problem if you are suddenly expected to be able to cover expenses on your own, and a divorce mediator can help you determine whether spousal support is an appropriate option if you are concerned about how significantly different incomes may affect your ability to make ends meet in the coming months.
At Split Simple, we know that navigating a divorce is rarely easy, but we are here to help make the process fair and manageable so that you can start your new life in the best position possible. Our Denver divorce mediation services can help you increase your likelihood of being awarded the assets that are most important to you and cut down on arguments to make the process go more smoothly. Contact us today to learn more about the benefits of working with a divorce mediator or to get started.