Insights Into How Our Legal System Works

Answering A Couple Of Important Questions About The Divorce Process

22 June 2015 by Yolanda Lane

Divorcing is a process that you may not have envisioned yourself going through, but it is something that you may nevertheless be facing. Due to the complex issues that arise from a married couple separating, it should be no surprise that divorce proceedings may seem hopelessly complicated to those going through them for the first time. However, if this applies to you, then learning the answers to a couple of key questions may help you to have a stronger understanding of what your divorce will be like. 

Is Divorce Mediation Private?

One of the most effective ways of reducing the tension and complexity of a divorce is to reach a mutually agreeable settlement over the issues of property and custody. Unfortunately, this can be a rather contentious process because neither side wants to feel they got the worse end of the deal. Luckily, you can use the services of a mediator to help the two of you reach a negotiated settlement. 

Sadly, some people may not opt for this strategy because they may be concerned that the mediation will not be as private as a court proceeding. Interestingly, this is completely backwards—the court proceedings will be a matter of public record. This means that anyone will be able to request the transcripts from this proceeding. In contrast, mediations are completely private, and most states even have laws banning any of the discussions from the mediation from being entered as evidence.

What Happens To The Debts From Your Marriage?

During a divorce, many people are focused on the division of the assets that they own. however, many people may make the mistake of overlooking the debts that were incurred from the marriage. Yet, this is a critical part of the division that must be handled. In most cases, the court will attempt to divide the debt obligations as evenly as possible between the two parties. 

However, it should be noted that if the other spouse fails to pay the debt, the creditors may still be able to collect against you. When this happens, your attorney will likely have to file a motion with the court to compel the other spouse to pay their debt obligation. If this motion is approved and the spouse still refuses to pay, then the court may seize assets to settle the debt. 

If you are going through a divorce, it is important for you to understand what this process will be like. By understanding that divorce mediations are private and how the debts from the marriage will be handled, you should be better prepared for this stressful and draining proceeding. Contact a divorce attorney like LaCroix & Hand PC for more information.

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