Alternative dispute resolution methods provide you the opportunity to resolve your remaining divorce issues out of court. These options could allow you and the other party to work together to keep your divorce private and maintain more control over the terms of your final order. Before you make any important decisions that impact your future, you may benefit from considering ADR, including mediation or collaboration.
The right approach for your Washington divorce depends on the details of your individual situation. What could work for you may not work well for another family, and it is important to make choices that will provide you the best chance for a peaceful and strong post-divorce future. In mediation, the two parties will work together with a neutral third-party mediator to resolve divorce disputes and reach an agreement on the terms of the final order. Mediation requires cooperation and a shared desire to make the process work.
In a collaborative divorce, you and the other party will collaborate with relevant professionals, such as financial advisors, child psychologists and others in order to reach a beneficial conclusion for your divorce concerns. Like mediation, both spouses will need to commit to the collaborative process and be willing to listen to the thoughts and opinions of others in order to make it work.
There is a lot on the line for you during your divorce. If you are unsure if mediation or collaboration could work for you, you will benefit from seeking the insight and counsel of an experienced professional who can assist you with the entire process. He or she can also help you understand all of the divorce choices that you have so that you can be intentional with your final order and the future you secure for yourself and your children.
]]>Mediation is a type of alternate dispute resolution (ADR). There are several benefits of a mediated divorce versus litigation. It is important to learn as much as you can about the process before deciding whether to give it a try because it’s not for everyone.
Mediation is a term that refers to a series of discussion sessions. There are no requirements regarding how many, so that’s something you and your ex can decide. In fact, the entire purpose of mediating rather than litigating a divorce is so that you have control of the process and can make all the decisions regarding things like child custody or property division.
For mediation to be successful, you and your ex must agree to certain terms ahead of time. For example, you must both agree to speak respectfully and avoid confrontation at all costs. If the two of you usually argue every time you meet in person, then this type of ADR probably isn’t a good fit for you.
Two additional benefits of mediation in a divorce are that it typically takes less time than litigation and is a lot less expensive, as well. Each spouse can still hire an attorney to make recommendations and help you protect your interests. However, a neutral third party will act as the facilitator of the meetings, helping you stay on track, avoid conflict and to recommend additional support resources as needed, such as suggesting that your family attends counseling together or that you seek guidance from a financial adviser.
If you determine that mediation is not working out as you’d hoped, you may choose another option for your divorce, such as arbitration or litigation. Most people have a clear idea ahead of time as to whether a mediated divorce is possible in their case. However, if you think it’s a good choice then later discover that you’re unable to achieve a settlement this way, you can convert to another process.
]]>If you are preparing to navigate a divorce and are either a service member or spouse of a service member, it’s a good idea to review state laws, as well as any military regulations that are applicable. It’s also important to determine fact from fiction because there are numerous myths in circulation that promote misinformation. For example, many people believe a military parent cannot be a custodial parent in a divorce, which is not true.
The idea that a military service member cannot have full custody of a child after divorce is false. In fact, the military offers resources to its service members that can help divorced parents ensure provisions for their children, especially if a deployment occurs. One such source is known as a military Family Care Plan (FCP). If you’re a military parent, you’ll want to make sure you have executed an FCP that contains instructions regarding custody and care of your children if the military calls you away on active duty.
Your FCP can include designated custodians who will stay with your children and act in your stead while you’re deployed overseas. This may or may not be your former spouse. It could also be a trusted friend or extended family member.
If you meet certain requirements and bring specified documents to the pass office at a military installation near you, you may be able to acquire a new ID card after your divorce. This ID gives you access to various military services and programs. If you have not remarried within a year after your divorce, you might also still qualify for the Continued Health Care Benefit Program (CHCBP).
Child support is another priority issue for Washington military service members who divorce. If you’re the former spouse of a military service member, and a child support order has not yet been issued by the court, the family support guidelines of your ex’s branch of service may help you ensure financial provisions for your children in the meantime.
Navigating a divorce as a military service member or former spouse of a service member can be challenging. A concerned parent can tap into resources both on and off base to make the process run as smoothly as possible.
]]>Mediation is a lawful option for parents who want to avoid litigation. It is a process that takes place in a private setting, which is an added benefit for those who wish to keep the details of their divorce out of the public eye. To be successful, you and your ex must commit to certain efforts ahead of time, such as avoiding confrontation. You must also agree to be willing to cooperate and compromise to craft an agreement focused on your children’s best interests.
Even if you and your ex have differences of opinion regarding what’s best for your children, you must forge a child custody agreement to settle your divorce. Mediation is an alternative dispute resolution method. It enables you to meet with your ex in an informal setting, to sit down and openly discuss all issues that are relevant to your children, and to find common ground from which you can build an agreement.
Among numerous issues you will likely discuss during mediation sessions, legal and physical custody are top priorities. The latter refers to your children’s permanent residence following your divorce. Will they live with you full time, or will they travel back and forth between both households? Legal custody, on the other hand, refers to decision-making authority. Will you and your ex share this authority or will one of you have sole legal custody? Seeking legal counsel ahead of time ensures understanding of state laws, as well as your parental rights.
The goal of child custody mediation is to enable you and your ex to meet in a private, informal setting, to work out terms of agreement regarding the care and financial provision of your children after divorce. It’s possible that, even with the best of intentions, you might reach a stalemate where you are unable to achieve an agreement. In such cases, you can end mediation sessions and seek the court’s intervention, which means you would initiate litigation and a judge would make custody decisions on your behalf.
]]>In some ways, a military divorce is no different than a civil divorce. This includes the three primary options that are typically available to achieve a settlement agreement. These options include litigation, arbitration and mediation. Regarding the latter, there are several things to keep in mind.
Regardless of your rank or income level in the military, it’s logical to assume that you’d like to achieve a settlement in the most economically feasible way possible. One of the greatest benefits of mediation in a divorce is that it typically costs a lot less than arbitration or going to court. It also usually takes less time, which makes it preferable for military servicemembers with complex or busy duty schedules.
If you choose to mediate your divorce, you’re agreeing to engage in peaceful discussion sessions with your spouse to resolve issues, such as child custody, property division, spousal support and child support, as well as matters that pertain to military service, such as the FCP. It is a collaborative effort, meaning you and your former partner agree to work together in a non-confrontational manner to achieve a fair agreement.
Another thing to keep in mind regarding mediation versus other options available for divorce in Washington is that mediation occurs in a private setting. All litigation issues, on the other hand, occur in a courtroom, which is a public setting. Privacy can be especially important in complex divorce cases.
Local support is always available to Washington military servicemembers for mediation in a divorce. A servicemember’s installation officials can help a servicemember build a support network using both military and civilian resources.
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