Fayetteville Divorce Mediation Lawyer

Arkansas couples have the opportunity to negotiate agreements about property, finances, and parenting in mediation instead of asking a judge to decide every issue. This process is called mediation. While not every divorce is appropriate for mediation, going into the process informed and organized helps increase the chances of working out a long-term agreement. A Fayetteville divorce mediation lawyer can help.

Why Choose Bundy?

Aaron Bundy is the only lawyer in Oklahoma to be named a Fellow of the International Academy of Family Lawyers (IAFL). This is an invitation-only, global organization for experienced family law attorneys.

The IAFL Fellow honor indicates a significant level of experience in high-level domestic and international family law matters, including Hague Convention cases.

Members of the firm are also Fellows of the American Academy of Matrimonial Lawyers (AAML). Similarly to the IAFL, this organization restricts membership to lawyers who have exhibited a high degree of skill and professionalism in family law.*

Preparing for Divorce Mediation

The first step in getting ready for mediation is realizing that preparation is important. Mediation is a productive process because it focuses on helping couples negotiate rather than arguing in a courtroom.

As a result, both spouses must have a thorough understanding of their finances, priorities, and areas of flexibility before the first session. This process should start by gathering complete financial information, such as:

• Tax returns
• Bank account statements
• Investment portfolios
• Retirement plans
• Mortgage paperwork
• Business financial records

These records all form the foundation of informed and productive negotiations. It can become challenging or even impossible to evaluate a proposed settlement agreement when financial information is missing or incomplete.

Identifying goals and priorities is also helpful before beginning mediation. While many terms in a divorce settlement are negotiable, certain issues may be more important than others.

Parents may want to maintain a schedule that works with work responsibilities. Business owners may want to continue holding ownership interests in a family business. Knowing what is important and where there is flexibility can help keep negotiations productive.

Family law covers divorce, child custody, child support, and division of property, among other things. Divorce and family law cases for those living in Fayetteville are typically filed in the Washington County Courthouse, 280 North College Avenue, Fayetteville, AR 72701.

Pros and Cons of Divorce Mediation

In Arkansas, the divorce rate is 3.0 per 1,000 residents, according to the CDC, with many individuals considering mediation. However, there are both pros and cons to mediation, depending on your situation.

Divorce mediation has several benefits for couples that are willing to sit down and negotiate in good faith. Mediation is more flexible than traditional divorce litigation, for instance, which means spouses can discuss customized solutions based on their family’s needs.

The median value of homes in Fayetteville is $376,400. This amount can seriously impact property division and other aspects of the divorce process. Sometimes a mediator might be necessary to create a resolution appropriate for both parties.

Mediation also has greater privacy than courtroom proceedings, which many executives, business owners, doctors, and other professionals value because they do not need to put financial information on the public record.

Divorce mediation can even help reduce conflict by fostering communication and collaborative problem-solving. Mediation can be particularly helpful for parents as they continue making decisions about their children after the divorce is over.

Mediation also has some important drawbacks, of course. Negotiations may likely not work when one spouse is being unreasonable or unwilling to disclose financial information. Divorces involving domestic abuse, intimidation, or a significant power imbalance may also require a court to intervene.

Hire a Divorce Mediation Lawyer

Mediators facilitate communication between spouses but do not take sides or make legal recommendations. Spouses are ultimately responsible for protecting their own legal rights.

For this reason, individuals who hire a divorce mediation lawyer have someone who can: 

• Explain Arkansas law
• Help assess proposed settlement terms
• Review financial disclosures
• Identify legal issues that may not be immediately apparent

In some divorce mediation cases, a Fayetteville divorce mediation attorney can coordinate with business valuation professionals and financial advisors. Legal counsel can also help before finalizing any agreement to make sure the written terms accurately reflect what was negotiated and comply with divorce mediation laws.

FAQs

Can Mediation Be Paused if Additional Information Is Needed?

Yes, mediation can be paused if additional information is needed. It is common for mediation to be scheduled over more than one session.

It’s possible for those involved to step away from discussions to collect financial data, have property appraised, or consult with relevant professionals. If there are additional questions that need answering, taking a pause is often recommended.

Do Retirement Assets Get Divided in Mediation?

Yes, retirement assets can be divided in mediation. Spouses can come to an understanding about how retirement funds, including 401(k)s, pensions, IRAs, and similar accounts, are to be split within the broader settlement.

In some cases, additional court-approved documents are needed, such as a Qualified Domestic Relations Order (QDRO) to divide a retirement asset without incurring unintended tax liabilities.

What Happens if New Assets Are Discovered After Mediation?

If new assets are discovered during mediation, one party usually fails to properly disclose them during the mediation process. In this case, there may be legal remedies available to the other party.

Courts have the ability to review claims of fraud, concealment, or failure to disclose material information. Because full financial disclosure is required for a valid settlement, it is possible that some assets may become the subject of subsequent legal proceedings after the divorce is finalized.

Can Mediation Be Used to Address Future College Expenses for Children?

Mediation can be used to address future college expenses for children. Arkansas law does not require parents to continue to pay for a child’s expenses after they reach adulthood, but parents can still voluntarily agree to provide for a child’s education. This could include terms that address how future expenses such as tuition, books, and housing may be divided if both parties are in agreement.

Get the Legal Assistance You Need Today

Your divorce may involve parenting issues, significant assets, or complex financial interests. Whatever the case, having an idea of what to expect from the mediation process can help you make important choices. Talk to a seasoned Fayetteville divorce mediation attorney to discuss your options and figure out which approach works for your family. Contact Bundy today.

*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.