Conflict is a common part of the dissolution of a marriage. This is true even in the most amicable of marital breakup situations. However, deciding to go through divorce mediation from the start — from the moment that the divorce papers are filed — may make the process easier overall.
For a marriage to be dissolved, just one person has to desire a divorce. Then, divorce courts in states such as Pennsylvania will attempt to equitably divide divorcing couples’ property. In other words, a divorce court will strive to split up a couple’s estate in the fairest way possible given the circumstances surrounding the breakup.
Equitable division usually means equal division. However, this is not always the case, as sometimes what a judge considers to be equitable may not necessarily be a 50/50 split. In addition, a common misconception is that the person who filed for divorce will receive less or more of the divorce settlement than his or her partner will. Again, in general, the court will focus on what is the most equitable approach to the division of the couple’s property.
Still, couples can avoid court intrusion by deciding to resolve their property division issues on their own through divorce mediation. Mediation allows a divorcing couple to work toward a settlement agreement that reflects both of their wishes and thus is mutually beneficial. Whether a spouse decides to go through mediation or go to divorce trial to deal with property distribution, an attorney in Pennsylvania can provide the guidance needed to ensure that his or her best interests are protected each step of the way.