Most people dream of getting married one day. Finding a life partner and raising a family is a common ambition.
While the overall divorce rate in the US has declined over the past 10 years, there are still thousands of marriages that don’t go as planned. Things can become even more complicated when seeking spousal support through alimony payments.
Divorce mediation can go a long way toward ensuring the process goes smoothly. Here we’ve created a brief guide that details how you can get fair alimony through mediation. Let’s explore the key information you need to know.
Understand Your Requirements
Mediation has certain requirements to keep in mind. The primary one to remember is that all decision-makers must participate. More specifically, you should be present at each mediation session.
There’s also certain documentation you need to have on hand. For example, someone seeking divorce alimony from a former spouse should have proof of their annual income.
They should also have documentation that conveys the assets they own. Your attorney will inform you of other necessary documents to support your case. Without these, you risk being unable to justify the amount of alimony you request.
Be Respectful
It’s imperative to always be respectful during mediation. You should remember the purpose of mediation is to reach an agreement.
If you disrespect the other party, you likely won’t reach an agreement in your favor. This can also cause substantial delays in the mediation process.
Keep in mind that being respectful doesn’t require you to be overly kind. You simply need to avoid treating the other party with disrespect.
It’s best to avoid being disrespectful even if the other individual doesn’t treat you respectfully. If you have a difficult time with this obligation, communicate as little as possible during mediation. Keep the conversation strictly on-topic.
Negotiate Effectively
To get the desired results, you’ll need to negotiate effectively. Focus on using objective facts when making your case. To clarify, outline how alimony payments can help you handle your cost of living.
You can use this money to pay rent/mortgage, and monthly bills. In some states, alimony is awarded so the receiving party can maintain a certain quality of life. Never imply you want alimony payments to live lavishly. If possible, outline the mutual benefits of alimony payments, as well.
Let’s assume that a judge awarded you and your former spouse joint custody of your two children. You each have them for two weeks out of the month. Your former spouse also has a substantially higher annual income than you do.
You could outline that alimony payments can ensure your children are comfortable when they stay with you. There are many ways to sway the conversation in your favor, and your attorney can provide insight into the best major points to make.
Leave Emotions Out of It
Going through a divorce is highly emotional. Some people find it much more difficult than they anticipated. By the time they reach mediation, they could be overwhelmed by feelings they haven’t had the chance to express.
Unfortunately, mediation is not the time to do so. It’s meant to serve as a neutral environment where both parties can agree. But discarding your emotions is easier said than done.
Do what you need to do to ensure you have the mental clarity to participate in mediation. This could involve speaking with a therapist or resolving issues with the other party privately. A bit of effort can go a long way toward making mediation less emotional.
Be Patient
Mediation takes time, and it’s crucial to be patient. This is especially true during a contested divorce. Each side needs to figure out its own needs and understand the other party’s interests.
This prevents unrealistic expectations and it leads to an agreement. Factors that complicate alimony mediation include the amount of money somebody seeks and the relationship’s history.
For example, someone asking for thousands of dollars per month in financial support might find it difficult to get this amount. If a marriage ended due to infidelity, negotiations could be more complicated than normal.
Hire the Right Attorney
To get the best results, you’ll need to hire the right attorney. Look for someone who specializes in divorce law.
Many attorneys claim they can help with mediation. However, not all of them focus on legal issues related to divorce. Additionally, not all attorneys are trained or certified mediators. At Husker Law, we help the clients find trust mediators to handle their issues and we assist in preparing our clients for mediation. Rules on mediation can differ wildly from state to state and from county to county, but where appropriate, your attorney may also attend the mediation session with you to provide real time advice during the mediation process.
In general, when looking for a mediator or an attorney, you should look into their reputation, and see what other clients have to say about their experiences. Did they get the outcome they wanted? Did the attorney remain professional throughout the process? Did they feel like they had effective representation to allow them to make well-reasoned decisions?
These are key questions to consider. Explore their pricing structure before making your decision. Some attorneys charge a flat fee, while others bill hourly.
This will prevent financial surprises from arising. Don’t work with someone who doesn’t seem enthusiastic about your case. If they aren’t interested in helping you reach your goals, you won’t get the best outcome.
What If Mediation Fails?
It’s not the end of the world if mediation doesn’t resolve matters appropriately. Many people fail to agree during mediation, but that doesn’t mean this is the end of the process; it just means the unresolved issues will either have to be further negotiated by the attorneys or litigated before the court for a judge to decide.
Agreements made during mediation remove uncertainty from the case, which is why it’s beneficial to mediate with an open mind. If the issue has to be determined by the judge after hearing evidence at trial, you can’t be certain of the outcome until an order is entered. This uncertainty often leads to more stress and anxiety on the party that needs the alimony payment. Trial can either work in your benefit, and get you more than your spouse was willing to offer, or it may work to your detriment, and you end up with an award lower amount than you were originally seeking.
Alimony Through Mediation
The tips in this guide will assist you in your efforts to receive alimony through mediation, but obviously, nothing is guaranteed. Since mediation is just a part of the overall process, finding the right attorney to represent you in your divorce is an important factor in maximizing your chance of a successful outcome.
At Husker Law, our professional team aims to exceed each of our client’s expectations by setting clear objectives, giving sound advice, and relying on our experience to help our clients successfully navigate the divorce process. Our office will work with you every step of the way to ensure we have a strong understanding of your unique needs.
We’re here to help. Schedule a consultation by calling us at (402) 415-2525 or by reaching out online today!
