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Divorce - FAQ's

Divorce Process -

The Divorce Procedure

Divorce, sometimes referred to as separation of marriage, is the legal procedure of ending a legal marriage or marital partnership. It is usually an involuntary act of a person’s decision and is usually followed by a dissolution of the relationship in a divorce proceeding.

The process of divorce usually lasts for three years, although the time period may vary depending on the laws in the country. When couples have decided that the marriage is not workable anymore and they want to separate, the usual procedure is to file a petition in a court to declare that the marriage is now void.

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Divorce FAQ

How long does it take to divorce?

A fairly straightforward separation normally takes six to eight months, supplied that you both take care of the court documents quickly. It might be feasible to speed this process up, for example, if you wish to get remarried immediately – though expenses will certainly increase.

In practice, negotiations over economic plans can take longer than this. However, it is generally feasible to obtain divorced prior to a financial contract has actually been finalised – your lawyer will certainly suggest you whether this is a negative suggestion.

Does it matter who initiated the divorce?

Yes, the question of who initiated the divorce can be relevant in certain aspects of the divorce process, but it may not have a significant impact on the legal aspects of the divorce itself. In mediation, the focus is typically on addressing the issues at hand, such as property division, child custody, and financial matters, rather than assigning blame.

However, the dynamics of who initiated the divorce can have emotional and psychological implications for the individuals involved. It may influence the parties’ attitudes, expectations, and willingness to collaborate during mediation. Understanding the reasons behind the divorce initiation can aid the mediator in addressing any underlying concerns and facilitating a more productive and respectful dialogue.

In legal terms, it is possible to opt for a “no-fault” approach to divorce, where the reasons for the divorce are not a primary consideration in decisions related to property division, alimony, or child custody. Instead, the focus is on equitable and fair resolutions based on the specific circumstances of the couple.

In summary, while the initiator of the divorce might impact the emotional aspects of the process, mediation generally aims to navigate the practical and legal aspects of divorce without undue emphasis on assigning fault.

Can mediation help with child custody?

Yes, mediation is often beneficial in resolving child custody disputes. our North-West-England Family Mediators assist parents in creating a parenting plan that addresses the best interests of the child, fostering cooperative co-parenting relationships and avoiding the adversarial nature of court battles.

What types of issues can be addressed in divorce mediation ?

Divorce mediation can address a wide range of issues, including property division, spousal support, child custody and visitation schedules, child support, and other related matters. The flexibility of mediation North-West-England allows couples to tailor agreements to their unique circumstances, promoting a more personalized resolution.

What role does a mediator North-West-England play in the divorce process?

A mediator facilitates communication between divorcing parties, helping them identify common ground and negotiate agreements on issues like asset division, child custody, and support. Unlike a judge, a mediator does not make decisions but empowers the couple to create their own mutually agreeable solutions.

Mediation with National Family Mediation Services North-West-England promotes a more amicable divorce by fostering open communication and cooperation. It provides a structured and supportive environment for couples to work together, reducing conflict and allowing them to retain more control over the outcome compared to a litigated divorce

The Benefis of Mediation with National Family Mediation Services North-West-England in Divorce

Promotes Communication and Cooperation:
Mediation provides a structured and facilitated environment for open communication between the divorcing parties. The neutral mediator helps the couple discuss their concerns, needs, and preferences, fostering a cooperative atmosphere. This communication can lead to more effective problem-solving and the creation of mutually acceptable solutions.
Empowers Parties to Make Decisions:
Unlike traditional litigation where a judge makes decisions for the couple, mediation empowers the parties to actively participate in shaping their own agreements. This sense of control can lead to more satisfying and durable resolutions. Mediated agreements are often more flexible and tailored to the unique circumstances of the individuals involved.
Cost-Effective and Time-Efficient:
Mediation is generally more cost-effective than traditional courtroom divorces. The process typically requires fewer formal proceedings, reducing legal fees and court costs. Moreover, mediation is often quicker than litigation, allowing couples to resolve their issues and finalize their divorce in a more time-efficient manner. This can be particularly beneficial for those looking to minimize the emotional and financial toll of the divorce process.

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