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How Mediation Can Help Your Virginia Divorce  

By: John Whitbeck

[03.05.2021]

When you are preparing for a divorce, you may be concerned about the costs and how long the process will last. Mediation may be an option within the divorce process or even an alternative for some Virginia divorces. You should not attempt to move forward without a skilled Virginia divorce attorney on your side.

Why Should You Consider a Virginia Divorce Mediation?

Mediation can expedite the divorce process. It requires less investment of your time, emotions, and money, leading to a more productive environment for resolving outstanding issues in your divorce. There is a main goal to reach a binding settlement that resolves property distribution, child custody, as well as spousal and/or child support. This can be achieved through an open discussion in a less formal environment than a traditional courtroom.

Potential Benefits of Mediation in a Virginia Divorce

There are a number of potential benefits to considering mediation in your Virginia divorce. The most obvious is the potential cost savings. Divorce costs can add up fast, even when there are not many outstanding issues to resolve. You can spend less on legal expenses while accomplishing more when you work out your remaining issues through mediation. This means your divorce will also conclude faster when you work out your issues in mediation.

You have more control over the outcome, rather than allowing a judge to decide important issues in your life. If the mediation is successful, it means that both sides created an agreement they can live with rather than continuing through an adversarial trial. It can also help improve your relationship with your ex since you worked together to agree on your divorce terms.

Avoiding a hostile or adversarial outcome in your divorce is beneficial to both sides. Most couples who resolve their divorce through mediation feel more satisfied, and it can help them move on with their lives without holding on to the bitterness of a nasty divorce. Some of the common issues that divorce mediation can resolve include:

  • Child custody
  • Divorce agreement
  • Property division
  • Spousal support
  • Co-parenting plans
  • Child support
  • Debt settlement
  • Asset management

Note that agreements involving child support, custody, and visitation are not binding until a judge approves them. This is to ensure that all agreements involving minor children have the best interests of the children in mind. Hiring an experienced Virginia divorce attorney can be beneficial in assisting with the process.

Are There Divorces that Mediation is Not Recommended For?

While mediation is a great alternative for most couples, there are situations where a traditional divorce may be more appropriate. Some of these can include:

  • Your ex does not consent to a divorce;
  • Your ex intimidated you or abused you during your marriage;
  • Your ex is emotionally or intellectually incapacitated; and/or
  • Your ex does not fully disclose his or her financial situation;
  • Your outcome in court would be better than mediation.

Seeking to retain a skilled Virginia divorce attorney can help you in answering any questions about the process. To learn how our team can help you with your divorce case, contact WhitbeckBennett by calling 800-516-3964 or emailing clientservices@wblaws.com.

To learn more about divorce, visit our Divorce Law page.

Related: Divorce Law

John Whitbeck

John Whitbeck

Partner

John C. Whitbeck, Jr. is the founder of WhitbeckBennett. His practice focuses on family law, special education law, and mental health law. He regularly practices in several jurisdictions in the Northern Virginia area. He has also been certified as an expert witness in litigation.