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5 Items to Ask For in Divorce Mediation: How To Prepare

Divorce mediation is an alternative dispute resolution tool for individuals seeking a divorce in Pennsylvania. Unlike divorce litigation, divorce mediation is designed to be non-adversarial and controlled by both spouses. Specifically, divorce mediation allows both spouses to be guided toward a mutually agreeable divorce agreement via a neutral divorce mediator during a mediation session.

The divorce mediators at Peaceful Separation and Divorce address what you should ask for during your divorce mediation session or sessions.

What to Ask For in Divorce Mediation

The divorce process is often difficult and emotionally stressful as it involves ending a long-term relationship and starting a new life. As the stakes are high, it is important to enter your first divorce mediation session with clear goals and a non-confrontational attitude. If you are considering divorce mediation, focus on what you want by creating a divorce mediation checklist instead of the notion of winning and losing when negotiating your divorce settlement.

1. Equitable Property & Asset Distribution

Under Pennsylvania law, marital property, e.g., marital assets obtained during the marriage such as the marital home, bank accounts, retirement account, etc., is subject to being equitably, i.e., fairly divided during the divorce process. Separate property, e.g., property by either spouse before the marriage or after separation, inheritances, gifts, etc., is not subject to being equitably divided. Understanding this difference allows you to develop realistic goals and an effective negotiation strategy for your divorce mediation session. 

2. Debt Distribution

In addition to property and assets, debts acquired during the marriage by either spouse are considered marital property and subject to being equitably divided. Depending on the nature of the debt and how it was incurred, e.g., car repairs vs. gambling debts, you may be able to negotiate for your soon-to-be ex to assume responsibility for all or some of the debt during one or more mediation sessions.

3. The Best Child Custody Arrangement

Determining the best custody arrangement can be challenging and emotional if you have children. Several child custody options, such as shared physical and legal custody, are available under Pennsylvania law. During the divorce mediation process, you and your spouse can work together with a child custody mediator to develop a child custody arrangement that benefits your children and meets the needs of both you and your spouse.

4. Child Support

Child support payments are determined according to Pennsylvania’s Child Support Guidelines. Typically, financial support is paid by the non-custodial parent or higher-earning parent in an “equal” or “shared” custody arrangement. During a divorce mediation session, your divorce mediator can help you work out a fair agreement which addresses your children’s financial issues based on your custody agreement.

5. Spousal Support / Alimony

Under Pennsylvania law, spousal support is paid by the higher-earning spouse to the lower-earning spouse before filing the divorce complaint. Pennsylvania law also allows a spouse to seek alimony pendente lite (“APL”) while a divorce case is pending and rehabilitative, temporary, periodic, and permanent alimony following a divorce. Depending on the length of your marriage, background, and financial issues, you may be able to negotiate for a reasonable alimony award as part of your marital settlement agreement during the divorce mediation process.

Finding the Right Mediator for You

Choosing the right divorce mediator is crucial to obtain a successful outcome from the divorce mediation process. Do your research and ask for recommendations from friends or family who they used for divorce mediation. You want to find a divorce mediator who is experienced, neutral and has a good track record of helping couples reach creative solutions which work for everyone involved.

Summary of What to Ask for in Divorce Mediation

Divorce mediation can be a cost-effective way to resolve the many issues that arise during a divorce. By taking a non-confrontational approach during the mediation process with difficult topics such as property distribution, child custody, child support, and alimony, you can work towards a fair and reasonable marital settlement agreement which benefits everyone involved. 

Preparing for divorce mediation with clear goals can make the process smoother and more productive. For personalized support from an experienced divorce mediation lawyer, contact Peaceful Separation & Divorce to explore how mediation can help you achieve a fair and equitable resolution.