This means that the spouses are not penalized in a divorce based on fault. You may be able to reduce your spouse's claim through your Will, but the only way to ensure your spouse's rights are extinguished before the final divorce decree is issued, is to have a well-drafted marital property settlement and separation agreement duly prepared and signed. If you have been married for a full ten years, and as long as you don't waive this marital right, you are entitled to your spouse's Social Security income after your ex-spouse's death, as long as you are unmarried at the time you make the claim. Both parties meet together with a neutral person, the mediator, who acts as a facilitator for collaborative decision-making by the parties. The mediator establishes the ground-rules to promote equal participation and fair play, listens to both sides, asks questions to clarify factual and legal questions, helps to correct misconceptions by the parties, and guides the parties toward reaching a fair and practical resolution.
Mediation is especially helpful where couples have difficulty in communicating with each other.
This is a confidential, non-binding process, which may lead to a written settlement agreement. The parties share equally the cost of the mediation. Contact us if you wish to schedule mediation.