Using Mediation for a Military Divorce
The military divorce process often involves issues and laws that civilian couples do not have to navigate in their divorce cases. However, couples where one or both spouses are in the military can still utilize the same alternative divorce resolution methods as civilian couples, including divorce mediation. At the law office of Blair H. Chan, III in Tampa Bay, our dedicated legal team is here to help military couples through the divorce process, either through traditional, litigation means or with the use of mediation. Call the office or contact us today to schedule a free consultation of your case.
What is Divorce Mediation?
Divorce mediation is an alternative dispute resolution method that replaces the antagonistic atmosphere of a litigated courtroom divorce with a reliance on communication and cooperation between divorcing spouses. Each spouse retains an attorney, and a neutral third party known as a mediator helps the couple negotiate their issues. The purpose of mediation is to find cooperative compromises on the major matters in divorce, as opposed to the all-or-nothing approach of traditional divorce. The mediator can suggest unique solutions that meet a military couple’s specific needs and devise a settlement agreement that works for both spouses.
How Mediation Can Assist Military Couples
Military couples, and military families if minor children are involved, go through many of the same issues as civilian couples, but with the added stressors of deployment, federal pension laws, and more. Mediation allows for a neutral space to discuss how these factors may impact issues of child custody and visitation, spousal and child support, and the division of marital assets and debts. These issues for military families often require solutions tailored specifically to the situation, which does not often occur if the court is required to issue a standard boilerplate ruling in a litigated divorce.
Mediation is also of great assistance to military couples because it can happen on their schedule and in various formats. A deployed military serviceperson has the legal option to postpone divorce negotiations until they return from deployment, but if they would like to proceed with the divorce mediation process it can occur virtually wherever the serviceperson is located. Mediation is also often faster and less expensive than traditional divorce, which can be helpful if a serviceperson is expected to redeploy soon after making the decision to divorce.
Another benefit of divorce mediation is the confidential nature of the proceedings. Everything said and negotiated during mediation remains confidential, even if the mediation process is ultimately unsuccessful. If mediation breaks down and the couple reverts to the traditional courtroom process, nothing said during mediation can be used as evidence, and the mediator cannot be called to testify about an issue. This allows for completely open and honest conversations about issues that impact military families during the mediation process.
Talk to Our Office Now
If you would like to learn more about how divorce mediation can help with your military divorce issues, call the office or contact us at the law office of Blair H. Chan, III to speak with a knowledgeable Tampa divorce attorney today about your case.