Navigating a Contested Divorce

Benefits of using a mediator and a CDFA in non-amicable separation and divorce

contested divorce
  • Reduced conflict 

    A mediator helps you resolve disputes more peacefully and constructively, reducing the likelihood of escalating conflict. By keeping communication channels open and facilitating productive negotiation, a mediator can help you and your ex find common ground and work towards a mutually acceptable resolution.

  • Saved time and money

    Mediation can often be a faster and more cost-effective alternative to a traditional court process. The traditional court process typically takes anywhere from nine months to two years, while mediation typically takes two to four months.  Also, it costs between $15,000 to $40,000 to have a litigated divorce, while a mediated divorce costs between $1,500 and $3,000. Additionally, working with a CDFA helps you and your soon-to-be-ex make informed decisions about the division of assets and other financial considerations, reducing the likelihood of costly mistakes down the line.

  • Lower chances of conflict

    By avoiding a contentious court process, you are able to navigate matters easier, leaving fewer opportunities for clashes with your soon-to-ex. This also helps to preserve a semblance of normalcy between you both –  a necessity for your mental health and children (if involved). It also helps to preserve a more amicable relationship post-divorce. This is particularly crucial in situations where children are involved, as maintaining a positive co-parenting relationship can be essential for their well-being.

  • Ensuring fairness

    A CDFA can help ensure that the financial aspects of the divorce are handled fairly and equitably, taking into account each party’s unique circumstances. By providing financial expertise and guidance, a CDFA can help ensure that both parties feel heard and that the division of assets is as equitable as possible.

  • Customized solutions

    Traditional divorce litigation often follows a one-size-fits-all approach, which may not be suitable for all couples and their unique situations. This approach may involve selling the family home, dividing retirement funds, and sharing custody of children in a conventional manner. However, this method may not work for couples with non-traditional lifestyles and needs. In contrast, divorce mediation offers customized solutions that allow couples to have more control over the outcome of their divorce. Mediation provides a safe space for each party to voice their needs and concerns, ensuring that both parties feel heard and understood. This allows spouses to develop their own unique solutions that cater to their specific lifestyles and needs. By working collaboratively, couples can come up with a solution that is tailored to their individual situation and that they are both satisfied with.

  • Avoid litigation and court proceedings down the line.

    Decisions made by attorneys or judges during a divorce may lead to future problems. If one spouse is dissatisfied with the court’s decision, they may challenge it and file for legal appeals and modifications, resulting in prolonged conflicts. This can make the already lengthy divorce process even more stressful and financially draining for both spouses and their families. In contrast, couples who reach voluntary agreements through mediation are more likely to feel satisfied with the outcome in the long run. This is because they have more control over the decisions and can work together to find mutually beneficial solutions. Mediation also provides a collaborative and cooperative environment that encourages spouses to communicate openly and constructively, reducing the likelihood of future conflicts. By resolving issues amicably, couples can save time, money, and emotional stress while moving forward with their lives.

  • Financial clarity

    A CDFA helps individuals going through divorce understand their financial situation, analyze asset division, and evaluate tax implications. They provide financial clarity, help identify goals, create budgets, and develop financial plans. Acting as a neutral third party, they facilitate communication and negotiation to ensure fair and equitable outcomes, reducing future conflicts.

Process of using a mediator and a CDFA for a non-amicable divorce or separation

While processes depend on individual service providers, you should expect something along these lines when you visit a mediator and a CDFA:

  • Initial consultation: The couple meets with the mediator and CDFA to discuss their situation and determine if mediation is the right option for them.
  • Information gathering: The CDFA gathers financial information from both parties, including assets, debts, income, and expenses. This information is used to develop a clear picture of the couple’s financial situation.
  • Negotiation: The couple works with the mediator and CDFA to negotiate the terms of their divorce, including asset division, child custody, and support arrangements. The mediator acts as a neutral third party, facilitating communication and helping the couple reach mutually beneficial solutions.
  • Agreement: Once the couple has reached an agreement, the mediator and CDFA review it to ensure that it is fair and equitable. The agreement is then presented to the court for approval.
  • Implementation: Once the agreement has been approved, the couple works with their lawyers to implement the terms of the divorce.

Ken Maynard at Divorce The Smart Way can help you achieve a ‘soft landing’ in your divorce

About the Author:
Ken Maynard CDFA, Acc.FM

I assist intelligent and successful couples in crafting rapid, custom separation agreements that pave the way for a smooth transition towards a secure future. This efficient process is achieved in about four meetings, effectively sidestepping the excessive conflicts, confusion, and costs commonly linked to legal proceedings. Clients have the flexibility to collaborate with me either via video conference or in-person through a DTSW associate at any of our six Greater Toronto mediation centers, located in Aurora, Barrie, North York, Vaughan, Mississauga, and Scarborough.

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