Upon filing for divorce, it will be deemed as uncontested or contested. When no fault grounds are claimed, it means that the divorce can be uncontested. With this type of divorce, the couple can decide on issues for themselves in mediation. Mediation allows them to meet with a neutral third party to guide the conversation. This can prove to be beneficial since the spouses can make their own decisions on marital issues instead of having a judge make decisions for them. When spouses enter into mediation together, they will need to cooperate in order to have a successful process. If they are unable to cooperate during the process, it may prove to be unproductive. If spouses are unable to make compromises with one another, it may cause them to end mediation. By ending mediation, they may enter into a contested divorce. This may be necessary to decide on marital issues in court.
When can I end mediation?
Mediation can be ended at any time in the process. Since the cooperation of both spouses is required for this process, it may be a difficult process to complete. Multiple sessions are needed to decide on many issues, such as child custody, alimony and more. If one spouse is not satisfied with the outcomes that are being decided, they can opt to end their mediation sessions.
Who makes decisions in court?
If mediation is ended, couples may need to enter into litigation to have their decisions made for them by a judge. The judge will take many factors into consideration to decide the best possible outcome for the spouses and the family. For the division of assets, the judge will consider what is marital property and what is separate property. This can help them decipher what assets should be given to each spouse. For issues involving the children, the judge should always put the best interests of the child first. The child’s well-being is first and foremost the most important aspect. The judge will consider aspects relating to each parent and how equipped they are to raise a child. Not only will this taken into account child custody arrangements, but it may also involve child support payments. Furthermore, alimony may be another marital issue that a judge will consider as well.
Before taking any sort of legal action, it is important to discuss your legal matter with an experienced attorney. Contact The Radol Law Firm to discuss any divorce and family law matters you may be faced with.