In a worst-case scenario, divorce can become a heated legal battle in which both sides vie aggressively for the items they want to “win” in the split. If you and your soon-to-be ex-spouse wish for a more amicable resolution, you can use mediation to reach a fair compromise on a number of divorce issues.
Mediation and compromise are often preferable whenever they are possible, especially if you and your spouse have a family together that will benefit from the maintenance of a functional relationship between parents. You can work to find an acceptable compromise on several key issues by understanding the role mediation can play.
Massachusetts divorce law outlines a process of equitable division of marital assets. Following the established asset division process will likely result in a fair outcome, but mediation allows each party to voice their claim for specific items, such as retirement accounts or the family home.
Child custody is often a central point of contention in a divorce, but one that a judge will ultimately rule on in pursuit of the child’s best interests. By discussing custody amicably with your co-parent through mediation, however, you can keep matters regarding your child’s upbringing within the family.
If you or your soon-to-be ex-spouse are business owners, then the enterprise is probably a large contributor to your livelihoods. When seeking a compromise on this matter, both parties can work together to decide if one person should remain in charge of the business after the divorce or if it is best to liquidate the company.
Divorce mediation allows both parties to have their say without interference from the court on sensitive issues. Reaching an agreeable compromise also helps ensure a healthy family dynamic even after a potentially contentious split.