Common Topics of Discussion in Legal Separation Mediation
Common Topics of Discussion in Legal Separation Mediation
Separating from your spouse is rarely easy, but it doesn’t have to be a tremendous financial burden as well as an emotional one. In situations that aren’t especially acrimonious, many separating couples find that they are able to work effectively through issues regarding child custody, separation of property and related considerations through the process of legal separation mediation.
Legal separation differs from divorce in that it puts an end to community property rights and obligations without actually finalizing the dissolution of the marriage. In other words, legal separation makes it so that income and/or debts incurred after the mediation proceedings are no longer the property or responsibility of both parties. Income earned by one of the separated individuals becomes his or hers alone, and the same can be said for any new debts.
Now that you have an understanding of exactly what legal separation mediation does, you may be wondering what types of matters are discussed and decided during the process. Here’s a closer look at the types of matters often raised during mediation.
Child Custody Considerations
Often, child custody issues are among the most challenging for separating couples to work through. Legal separation mediation provides a great opportunity to discuss matters such as:
- Who will have custody of the children, and when
- Who has decision-making power, if not evenly distributed
- How school vacations and holidays will be handled
- What types of activities, sports and hobbies are appropriate for the children
- Whether parents are allowed overnight houseguests when the children are present in the home
This is just a broad overview of the types of custody matters often considered during mediation. Each situation is different, therefore some variation of child-custody topics should be expected.
Spousal Maintenance (aka “alimony”) Considerations
If one spouse primarily cared for the children while the other worked fulltime, or if one spouse did not work because he or she was helping the other work their way through, say, graduate school, alimony issues may be raised during mediation. Often, separating couples have to work through issues like:
- Whether alimony will be waived
- How much alimony will be paid, and when
- How long one party must provide alimony for the other
- Whether alimony will be affected if one party finds employment, cohabitates or remarries
- Whether alimony amounts are subject to review and modification at a later date and time
The role of the legal mediator is to work closely with both parties regarding alimony to ensure an agreed-upon arrangement that can be adhered to by all.
Child Support Considerations
Upon separating, many couples find that they have to work through a variety of issues regarding child support. Common areas of discussion during legal separation mediation in regards to child support include:
- Who is responsible for providing child support
- How much support is due each month and when it must be sent or delivered
- The duration of child support payments
- Which party will be responsible for providing health and dental insurance
- Which party will be responsible for financing special activities such as sports or art or music classes
- Whether child support amounts will be reexamined and potentially changed at a later date and time
- Who will claim the children as dependents when filing taxes
- Who will be responsible for financing higher education
Child support matters vary considerably from one separating couple to the next, but this list offers a broad overview of commonly discussed topics involving child support.
Equitable Distribution Considerations
Finally, legal separation mediation presents a great opportunity to discuss how you and your partner will distribute community property and community debts. Common topics include:
- Who will stay in the family home
- Who is responsible for credit card debts
- How cars, electronics, jewelry and other items will be divided
A courtroom divorce can prove to be not only expensive, but tremendously emotionally draining and hard on the entire family. Mediation is a strong alternative for those willing to work through matters amicably and reasonably.
