How Does Divorce Mediation Work When Spouses Are Over Age 50?

 Posted on June 10, 2022 in Divorce

Getting divorced later in life comes with unique challenges. The legal and financial issues older couples face are often much more complex than the issues divorcing couples in their 20s or 30s deal with. Fortunately, divorcing couples in Illinois have several options for resolving divorce issues. Divorce mediation is a process during which a couple discusses divorce matters like the division of marital assets and debts in hopes of reaching an out-of-court agreement.

Divorce Mediation Basics

Divorcing spouses often have a hard time discussing important issues in an effective, non-adversarial way. This is completely understandable considering most couples go through months or years of marital turmoil before deciding to file for divorce.

During mediation, a mediator facilitates productive discussion and negotiation. Mediators are skilled in conflict resolution and de-escalation. An experienced mediator can help divorcing spouses identify the issues on which they agree and those issues on which they disagree. He or she can help spouses explore various solutions and, ideally, find solutions both spouses agree to.

Mediation can help spouses decide how to handle the division of marital property, including what to do with the marital home. For some spouses, it makes more financial sense to sell the home and divide the proceeds. For others, it is more practical to have one spouse remain in the home and to reimburse the other spouse for his or her share of the home’s value with other marital assets.

Many older couples have valuable assets such as antiques, artwork, or collectables that will need to be valued and divided. Depending on their age, they may also need to address pensions, 401(k)s, and other retirement plans. A mediator can help you decide how best to divide assets, so both spouses are satisfied with the result.  

Spousal maintenance or spousal support is another issues divorcing couples may discuss during mediation. Spouses may save themselves the hassle of a court trial by agreeing to maintenance terms during mediation.

Mediation Does Not Replace Your Attorney

While some divorce lawyers are also certified mediators, the roles are not interchangeable. Your lawyer will help you understand the legal implications of various divorce solutions and advocate for your best interests. Your attorney can also help you work with other professionals such as appraisers or real estate agents. An experienced divorce lawyer will also be vigilant for signs of financial deception or hidden assets which can dramatically impact your divorce outcome.

Contact a Kendall County Divorce Lawyer

The DuPage County divorce lawyers at Divorce Over 50 - Goostree Law Group understand that divorce over 50 comes with unique challenges and difficulties. We can help you with valuing and dividing retirement assets, spousal maintenance, ownership of the marital home, and much more. Call 630-634-5050 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51