LGBTQ couples in California rejoiced after same-sex marriage was legalized. However, just like straight marriages, not all same-sex marriages last. Couples seeking a divorce might want to consider mediation.
What is divorce mediation?
Divorce mediation is a process that allows both spouses the opportunity to work together and negotiate the important matters in the divorce with a neutral mediator. Unlike traditional court proceedings, mediation is done in an informal setting while the mediator helps the spouses come to an agreement on pressing issues. Mediation is a faster, cheaper alternative to a court divorce and allows the spouses to take control of their situation.
What are the benefits of mediation for same-sex couples?
Same-sex married couples can benefit from divorce mediation in a variety of ways. It allows them to work together to settle any conflicts on important matters as they learn how to negotiate and compromise. As a whole, communication is better with mediation compared with a traditional divorce.
Depending on when the couple got married and the state in which they wed, there might be some confusion. Many same-sex couples have gotten married through civil ceremonies before marriage equality became law. As a result, with divorce mediation, it’s possible to use the date of the civil ceremony as the date of the marriage for the sake of property division and spousal support.
If the couple has children, mediation can help both spouses to retain equal rights to the child after their divorce. Mediation allows child custody and visitation matters to be easily resolved among the two spouses because it doesn’t involve the court. This can benefit not only the spouses but the children as well.
Divorcing same-sex couples have the freedom of choosing their own mediator when relying on mediation. In vast contrast, in a traditional court divorce, they have no say over which judge presides over the proceedings.
If you’re planning on divorcing, mediation might be the best option for you and your spouse.