Divorce after Twenty years together Community Group
I want to start something for those of us that were married for a long long time. I think that we face a little different issues than those who were dating for a few years or even married for shorter period of time. Being married for so long we have older children some have grandkids dealing with teenagers and their reaction to the divorice empty nesters dating after 40...
Ours was on our own, we had reached a stalemate on parts of the settlement. This was before I hired a lawyer, I was doing a lot of the divorce stuff as my ex was at that point willing to give me half..my half,that had been eroding. The short version was that it was an agency here that the courts use. I am a trained negotiator, and believe that any mediating or bargaining is ineffective after about 2 hours.. this session went 5.5 and we did not reach an agreement. I did not think much of this place, and suspect that they want a nice agreement so their statistics come out good for their funding and grants.. This is your life, the biggest deal you might ever make. It did exactly what I wanted it do, I got to see his cards so to speak and what he was not going to agree on. I suggested at the end of 5 hours we at least write down the items we did agree on and the mediators were like, duh, that's a good idea.
I had an attorney in the wings at this point, my wonderful attorney, and I called him later that day and said, you're on, take this over for me, we have our first hearing in 30 days. I had enough. He felt I accomplished what I wanted in mediation, we saw his break point what he would do or not do. The mediators take all your notes, their notes and distroy it all and end of sesssion.. no problem I remembered everything money wise we talked about..I also had about 15 settlements offers we had exchanged in person and email..
First and foremost, I stated this at the begining, I was not going sign anything and they were not going send the results to the court until I had an attorney look it over. That is essential. The mediation session was 300.00, 150 each. Do not confuse this type of mediation with the bargaining mediation you may do with your lawyer and you in one room and the stbx and his/hers in another.. that is bargaining to reach a settlement.
As to what Shorty wrote, all maintenance is taxable to whom it is paid, and deductible to the whom paid it. Not child support or family support, which is a blend of maintenance and child support. Federal Tax law. AND a very unprofessional place if family members are allowed to particpate.
Hope this helps, it can be a tool to reach a resolution, but like I said, I would never agree to anything unless I had legal counsel look it over..your life and future at stake.
If there is abuse, mediation can be bad. One person has the power and control so there is not a level playing field. The victim gives in too easily. I would be wary of mediation in this context except as part of an ongoing divorce with counsel.
There is also collaborative divorce. You both have attorneys who agree to step down if you go to trial. That way they have a huge incentive to help you settle. The down side is if you think your X is the type who will want to go to trial anyway. You go thru all this and end up having to try the case.
My husband is abusive and refused the foregoing so we are going the attorney route. I think it sucks, but I also know I must stand up for my legal rights. I didn't even realize I got a share of his partnership. I thought I just got part of his income. So thank God I had an attorney to help me with this.
We have been to mediation 3 times for temporary orders. I can only imagine what we will go through for permanent orders. I think we will end up in a trial unfortunately.
One thing that helped me was to carve off issues for mediation. For example, we won't move on to financial until we settled parenting time. That way we could get something signed each time. At least we made progress. I have heard of people who settle financial and then have a fight over parenting time and the whole thing falls apart after hours of mediation.