Divorce mediation can be an easier option for couples who want to get divorced. Both parties meet with a neutral and trained mediator to discuss the issues and resolve them.
THE ADVANTAGES OF DIVORCE MEDIATION
Judges occasionally require divorcing couples to do mediation before going to trial. However, the parties can choose mediation with the assistance of a lawyer from 999PAdivorce.com, either before filing or anytime after that. Mediating the divorce has many advantages over litigation, such as:
Cost – Usually, divorce mediation is less expensive than the trial.
Settling a Case – Many times, mediation ends in a settlement for all the issues relating to divorce.
Confidentiality – Mediation is also confidential, so there’s no public record of what goes on in the sessions.
Freedom – Both parties are allowed to arrive at the resolution they want that’s right for their situation instead of having the solution imposed on them by a judge.
Advice Is Available – It’s possible to go to mediation sessions and hire 999PAdivorce.com for legal advice.
Control – Both parties control this process instead of the court system.
Communication – With the mediation process, communication is encouraged between the spouses, which can help to avoid future issues.
In a sense, divorce mediation makes the rest of the divorce easier for everyone involved. The parties involved did the work of dealing with the details, so the divorce is uncontested. They are often quicker and less expensive than litigated divorces.
WHO SHOULD/SHOULDN'T CONSIDER DIVORCE MEDIATION
This law firm wants everyone to understand that divorce mediation is highly beneficial for many couples, but it’s not suitable for everyone. Mediation might not be ideal if:
MinorsA marriage requires consenting parties to be recognized by the state as adults. Therefore, should any party to the agreement be under 18 years without applicable consent exemptions, the marriage becomes voidable. However, should the minor reach the edge of 18 and freely choose to continue the course with the other party, the grounds for annulment become non-existent.
Polygamythe institute of marriage is recognized as an agreement between two parties. Where this fundamental principle is not applied, there are grounds for the annulment of the marriage. Bigamy may be appropriately placed under this category, which indicates that a marriage is void, should one of the parties already be married at the time of the contract. There are exclusions, however, where the violating party has no proof of life of the previous spouse, provided that the deserted person in the equation is the one attempting to become remarried. The deserting spouse, by nature of the separation, automatically creates a void contract upon attempting to remarry.
ForceConsent is a fundamental building block where marriage is concerned. There should be no doubt that the parties on both ends entered a willful contract. Should it be determined that forced consent created the circumstances that led to the marriage, then this is grounds for nullity. However, as is the case with a minor who has transitioned into legal adulthood, if the forced party should choose to freely remain in the marriage, then it can no longer be made void under the same principle.
DuressLike force, duress strips away the precedent of consent that would define the institution of marriage. Threats, violence, or any action or constraint that may cause someone to carry out an action against typical and arguably better judgment can fall under the category of duress. Should it be established that any form of duress was present in the decision of either party that led to the marriage, the contract is not recognized by the state of Pennsylvania.
FraudThe consent for marriage is legally expected to be obtained by informed means. Therefore, a marriage becomes voidable if delusion leads to a decision of acceptance on either side. However, the principle of free cohabitation remains here. If the defrauded party, after having become aware of the facts at hand, should choose to continue to have the other as a spouse, the marriage then becomes a valid one.
InsanityThe state of unsoundness of mind removes the ability to properly give consent. For a more precise definition, both parties need to understand the contract associated with the marriage and the associated obligations. If the mental state of either party were to prevent this natural proceeding, the principle of nullity may be applied to this marriage. However, an exemption is made for those who have come to reason and have chosen to continue to cohabitate with the selected spouse. On these grounds, the marriage can then become valid.
Physical IncapacityA physical expectation of marriage consummation is placed on either party in the agreement. Physical incapacity speaks to an incurable predicament that renders one spouse unable to fulfill this obligation. Under these circumstances, an annulment is allowed.
Seth and his staff are very nice and helpful people. They are helping me through a very difficult time in my life and I'm glad to have them on my side to represent me. I highly recommend this firm.
- Shelby M.
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- Michael B.
THE DIVORCE MEDIATION PROCESS
The goal here is to feel comfortable, and 999PAdivorce.com ensures that their clients are satisfied. If mediation is chosen as the preferred method, it’s still possible to use their services for legal advice. With that, they want everyone to know how the process works to determine if it’s right for them.
BEFORE THE MEDIATION
The mediator might ask each party about background information relating to the marriage and issues. This might be through a questionnaire or a mediation statement. Both parties must agree to sign an agreement claiming that what is said here is confidential and cannot be disclosed in a court session.
DURING THE MEDIATION
Mediations often happen in an office or conference room, but they can also be done online. Sometimes, both parties are present, but the mediator might choose to break the spouses up into separate rooms for a private discussion.
If attorneys are present, the mediator may want to speak privately to them before anything happens.
Both parties have a chance to make short statements about their situation. Then, the mediator asks questions and figures out what issues each party agrees and disagrees on.
AFTER THE MEDIATION
If both parties finish negotiations and resolve most or all of the divorce issues, the mediator writes an agreement with a parenting plan if applicable. The settlement agreement includes only those topics resolved at that time.
When there are unresolved issues, a court may have to rule on them, which is where 999PAdivorce.com can help. They work with their clients to ensure that they get exactly what they want and negotiates wherever necessary.
Those living in the York, PA, area are invited to please call to set up an appointment to speak with 999PAdivorce.com. Request a free consultation to see if divorce mediation might be appropriate and go from there.