Jeff Marshall is a board certified specialist in Family Law

Mediated Divorce Lawyer in Raleigh

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Mediated Divorce Lawyer in Raleigh

If you are considering a mediated divorce, contact Marshall & Taylor PLLC for assistance. For some couples, mediated divorces are preferable to more formal divorce proceedings. Divorcing couples can elect to have a mediated divorce where a court-appointed, neutral mediator is present throughout the process to help both parties negotiate the various terms of their divorce. Though a mediator helps during the process of a mediated divorce, many couples still find value in the help of an attorney.

Though an attorney does not help negotiate the terms of a mediated divorce, they can help spouses remain aware of their rights and legal options. The Raleigh mediated divorce attorneys at Marshall & Taylor PLLC are experienced in advising couples pursuing mediated divorces. We understand how sensitive divorce can be, and we are available to provide the legal advice necessary to facilitate a smooth transition. To learn more about what we can do for you during a mediated divorce, contact our Raleigh divorce attorneys today by calling (919) 833-1040.

Table Of Contents

    Why Do I Need a Lawyer?

    If this is your first divorce, you may not know what to expect from a mediated divorce or the divorce process in general. You may not know your options or how to negotiate for what you desire. A divorce attorney knows what to expect during a divorce and will know how to argue for an even split of your assets. They will also know how to best advise you on your next step.

    The law surrounding divorce is full of highly technical jargon and can be confusing if you are unfamiliar with the process. While a mediator facilitates communication between you and your spouse, it is your lawyer’s job to look out for your best interests and make sure you are informed of your options throughout the divorce process.

    You will need an attorney to craft a strategic approach to make sure your needs are met during this challenging time. Your attorney, on top of advocating for you, can spot any possible scenario that a mediator may have missed and can advise you on how to resolve or clarify a concern. To ensure your divorce proceeds as efficiently and quickly as possible, you should be aware of your options moving forward. You need an experienced attorney that can guide you through your mediated divorce.

    Why Choose Marshall & Taylor PLLC for a Mediated Divorce?

    Mediated Divorce Lawyer in RaleighNot all firms are created equal when choosing an attorney that will help you with important family matters that will affect the rest of your life. At Marshall & Taylor PLLC, we have been handling divorce, child custody, child support, and alimony cases since our establishment in 1996. In all the years that we have served the Raleigh area, we have worked to provide successful legal help for every one of our many clients.

    Our attorneys understand how emotionally draining a divorce can be. Therefore, we guarantee that we will be with you through every step of this process. We are so dedicated to our clients that in 2018 we won the AV Preeminent Award for the Highest Award for Professional Excellence. We will work tirelessly to advise you on what the best strategy is for your situation because we are dedicated to every single client that walks through our door. If you want an attorney that you can trust with all your family matters, look no further than the experienced team at Marshall & Taylor PLLC.

    Advantages of Mediated Divorces

    While any divorce can be painful, mediated divorces are often a preferential alternative to an in-court divorce. Mediated divorces are becoming more popular for the following reasons:

    • Mediated divorce may be cheaper: Because a mediator is involved to negotiate terms between the spouses, you may be able to avoid expensive court proceedings.
    • Agreements are usually expedited: Because the parties agree to have a neutral mediator negotiate, it is a lot easier to compromise about the division of assets, debts, or child custody or child support issues.
    • The process is confidential: You may be uneasy about letting a courtroom full of people know about all the most private details of your marriage or your divorce. Because this process is confidential, you will only be discussing with your lawyer and with the mediator about the most intimate aspects of your life.
    • The process is fair to each party: Because the mediator is neutral, the focus is on mutually agreeable problem solving rather than an all-out war between the two parties.

    If you are interested in discussing whether a mediated divorce would be the most beneficial option for you and your family, the advice of a knowledgeable attorney can be invaluable in ensuring that the mediation is conducted fairly.

    Frequently Asked Questions

    If you and your partner are thinking about pursuing a mediated divorce, we know you have plenty of questions. Though you will be confronted with a variety of challenging decisions and conversations during the course of your divorce, the attorneys at Marshall & Taylor PLLC are here to help. To learn more about mediation, read over some of our frequently asked questions and reach out to our team at (919) 833-1040 to learn how we can guide you at this time.

    What Exactly Will My Mediator Do?

    The mediator will act as a bridge between you and your spouse during your meetings. Ultimately, a mediator is there to facilitate conversations so that both you and your spouse can come to agreements. Depending on the dynamic between you and your partner, the mediator will make sure that both of you have the chance to speak, be heard, and further communicate your desires and concerns. Mediators will provide legal information when necessary and suggest alternative ideas when you cannot agree. Your mediator can also refer you to outside third-party specialists when you are working through a problem that requires the input of people with specialized knowledge.

    If I Have a Mediator, Why is a Lawyer Necessary?

    A mediator is not a replacement for an attorney. It is a mediator’s job to be impartial and assist both you and your spouse. However, it is an attorney’s job to look out for your best interests and help you understand the practical and legal implications of the decisions you make in mediation. It is not uncommon for family lawyers to also be mediators. However, when a lawyer acts as a mediator, they are not able to offer legal advice to the couples that they work with.

    Can My Lawyer be in Mediation Sessions?

    It depends on what you, your lawyer, mediator, spouse, and spouse’s lawyer decide. When couples have fewer obstacles to communication, mediation can often be done with only the mediator and spouses present. However, if you find that you are having difficulty engaging in conversation and need additional support in communicating what you need, you may prefer to have your lawyer present during mediation sessions.

    How Long Does a Mediated Divorce Take?

    Each divorce is different, but factors such as the dynamic between spouses, the availability of all involved parties, and the complexity of the divorce will all ultimately influence the timeline. No divorce case is clear-cut. Even if you are concerned that issues such as asset division, child custody, spousal support, and other topics are too complex to reach agreements on, you may be surprised by what you can accomplish with mediation.

    Average cases can take a month or two and particularly complicated divorces may take up to six months. To be clear, your situation may or may not fit these timelines. A mediated divorce is not a race to the end, but a process where you need to make sure that your needs are met.

    Does a Mediated Divorce Require Court Appearances?

    Not typically. A distinct advantage of mediation is that it allows couples to discuss and resolve issues without needing to go to court to do so. When couples can compromise and reach agreements independently, there is typically no need for a court to make rulings and impose terms.

    Is Mediation a Good Idea if My Spouse and I Don’t Get Along?

    The dynamic between you and your spouse is an important consideration when deciding on whether or not mediation is the right path to take. While it may seem impossible to come to agreements at the outset of a divorce, mediation may still be a good idea. In the event that your spouse was abusive, or you do not feel comfortable engaging in direct conversation with them, then it may be best to forgo mediation and have a lawyer negotiate on your behalf.

    What if Agreements Can’t Be Reached on Certain Subjects?

    Some subjects call for the input and knowledge of outside parties like financial planners, appraisers, or accountants. In these instances, outside experts can be brought in to help couples make informed decisions about complex issues. If you need more time to decide on difficult issues, your mediator may suggest taking some additional time to consider your options. Ultimately though, if there are some issues that you are unable to resolve through mediation, litigation may be necessary.

    Contact a Raleigh Mediated Divorce Lawyer Today

    Though divorce is never an easy process, the advice of a skilled family lawyer can help lessen some of the stress involved in negotiations. The attorneys at Marshall & Taylor PLLC provide Raleigh couples with the help that they need, and we can make sure that you are adequately provided for through this difficult process. To speak to one of our divorce attorneys today, please call (919) 833-1040.