February 25, 2024 12:00 PM
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Same-Sex Couples and Mediation During Divorce

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By Liz B. Gatsby
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Many same-sex couples who choose to end their marriage find it difficult to resolve issues such as property division, custody and support. They often seek a solution outside of the court system with the help of mediation.

Divorce mediation is a voluntary process that allows divorcing same-sex couples to resolve their differences without ever appearing before a judge. It is a less expensive and more convenient way to finalize a divorce agreement.

It is a voluntary process

Mediation is a process where a neutral third party helps couples resolve their legal disputes without going to court. It can be a good choice for same-sex couples who are trying to work out their divorce issues.

The process is typically voluntary and can be initiated before a dispute is filed in court or after. Parties can also sign mediation agreements that require them to use a mediator before filing a lawsuit or pursuing other legal methods of dispute resolution.

Generally, parties who participate in mediation find the process to be helpful. It allows them to control the decisions they make and can lead to a more amicable resolution than going through a lengthy trial.

In addition, it is less expensive than other forms of divorce. It can help save relationships that would be lost through years of litigation.

It is less expensive

In mediation, you are in control of how your assets are shared out – irrespective of what a judge might say they should be. This means you are more likely to adhere to solutions that are agreeable to both of you than those imposed by a court.

Mediation is also a much less stressful and less traumatic option for same-sex couples than court battles. This is because negotiations are less adversarial and more collaborative, promoting efficiency and productivity.

The process also allows separating same-sex couples to come to a mutually agreeable settlement on issues such as parenting arrangements and child support without involving the court system. This avoids a messy and contentious break-up, and can help maintain the bonds that same-sex couples have built up with their children over time.

It is less stressful

Same-sex couples can use mediation during divorce to avoid the stressful and traumatic proceedings of court. The process of mediation allows couples to discuss their issues in a private setting with an experienced mediator who is trained in the area of family law and divorce.

Many same-sex couples are able to dissolve their domestic partnerships and civil unions without ever appearing before a judge in court with the help of a specially trained mediation specialist. Mediation can help couples negotiate the dissolution of their partnership and divide assets in a way that works best for them.

Similarly, same-sex couples can also resolve issues of child custody and support, adoption rules, and surrogacy issues during a divorce through the use of a mediation professional. These issues may be too complicated for a court to resolve and can be difficult for couples to work through without the assistance of a neutral party.

The attorneys at Burney & Reese have handled numerous actions involving these unique issues, and always explore alternative means of resolving them that are less invasive and less expensive than a court-ordered solution. We can assist you and your same-sex partner in finding an efficient and cost-effective resolution to your dispute that will stand the test of time.

It is less traumatic

Divorce is one of the most stressful and life-altering events a person can go through. And if the divorce involves children, it can have a serious impact on their lives.

Mediation is less traumatic for same-sex couples as it allows them to resolve their disputes without being subjected to harsh and unproductive litigation. And it also helps them focus on creating a more stable and happy future for themselves.

In mediation, couples are given control over the process, allowing them to set their own schedules and issues to discuss. This is a major advantage over the traditional court system, which often makes decisions based on what is best for the courthouse rather than what is in the best interest of clients.

In addition, mediation can help same-sex couples avoid being dragged into the same old arguments over issues that have already been resolved, such as child custody and support. It can also allow them to work out how they will support their children going forward and make financial plans that will ensure a brighter future for the entire family.

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