How long will divorce mediation take and how much will it cost?
Divorce mediation time and cost depend on the issues, how well the couple communicates, and how well they work together to solve their problems. The mediation can take as little as a few hours, or depending on the complexity of the issues and emotional problems, it could be several sessions. A mediation session usually lasts for two hours but can be longer if the parties request it. The fee can either be hourly or set as a fixed fee. It can cost as little as $400.00. Some people are more comfortable knowing exactly what their fee will be. Others want to “pay as they go” and prefer to pay hourly.
What if we already agree on some things?
That’s great. The first thing that we want to do in mediation is to identify what you already agree upon. That will be the foundation for your overall agreement. We will want to make you aware of the many issues that you may want to consider. What is included in your agreement is up to you. Our goal is to support your well-informed decision-making and get you to a resolution of your issues.
What if we already agree on everything?
That’s even better. This will save you time, money and energy. I will make sure that your agreement is based on informed decision-making and reduce your agreement to writing. Once it is agreed to, it can be signed and then becomes a binding agreement that can for the basis of your divorce. You, in essence, have authored your Final Decree of Divorce, in a way acceptable to you both.
Why is mediation less expensive than using divorce attorneys?
When a party hires an attorney, that attorney can only represent the interests of that party. The other party then hires an attorney to represent their interests. Both parties are paying their attorneys, who usually engage in discovery, court hearings and trials. In mediation, the mediator represents NEITHER party but works to help both achieve a mutually agreed upon settlement that is fair for each of them. Consequently, mediation is substantially less expensive than litigation. When people focus on solving the problem rather than focusing on who is right, it is a much more expeditious process. Getting divorced through the trial process may take over a year. Mediation may last only a session or two.
What if divorce mediation does not work?
It is rare that a couple cannot reach a mutually acceptable agreement in mediation. But if that does occur, they have not abandoned any or all of their other legal remedies. All mediation discussions and materials are strictly confidential and shall not be admissible in any later court or other adversarial proceeding. No communication, written or oral, should therefore ever be held against any participant in mediation.
What if I want to mediate but my spouse does not?
This sometimes happens and it is generally because one party does not want to get divorced, they do not understand the process, or they are angry and do not want to make it easy on the party wanting the divorce. If a party wants to get a divorce in Utah, they will be able to get it. They do not need permission. Once parties understand that it is better to participate in the process than to let a stranger (Judge) make all of the decisions for them then their participation becomes more meaningful. In mediation, although it may be sad that your marriage is ending, you get to help make the important decisions affecting you far into the future. Under Utah law, if parties are getting divorced and do not agree on everything, mediation is mandatory prior to going to court. Isn’t it better to take this necessary step before many thousands of dollars are spent on litigation and you then have to go to mediation anyway?
What about alimony?
Utah Code 30-3-5, speaks about alimony, which is discretionary with the Judge, but says the Judge must consider the following factors: (1) the needs of the person asking for alimony; (2) the ability of the party who is being asked to pay to in fact pay it: (3) the length of the marriage: and (4) the standard of living existing at the time of the separation. There are other factors, as provided in my link to the alimony statute.
Are you my divorce lawyer?
The divorce mediator does not represent either party and works to help both parties reach a suitable and acceptable agreement.
What happens once we reach an agreement on divorce terms?
Once that happens, your agreement is reduced to writing settling all of your issues. If only a partial settlement is reached, then that portion is reduced to writing. When both parties are satisfied with the written terms of their agreement, they each sign the agreement and receive a copy. That written agreement then becomes the basis of their final decree of divorce and the emotional and financial turmoil can end. All of your divorce documents can then be prepared on an uncontested basis.
What about payment?
I accept cash, checks, Visa, MasterCard, American Express and Discover. |
