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Could mediation be key to successful property division agreement?

If a Kansas resident is currently preparing for divorce, he or she may be hoping to find the best way to handle everything without going to court. When spouses are still on good terms and can discuss important issues in amicable fashions, they may be able to achieve a fair settlement through divorce mediation. In fact, this alternative dispute resolution process may be the key to successful property division.  

Like most states, Kansas operates under equitable property division laws in divorce. This means the court determines the ultimate division of all marital property, which is to be divided fairly (though not necessarily equally). Marital property typically includes any asset acquired during marriage, with some notable exceptions — such as an inheritance or gift to one party.  

Divorce isn’t the only type of situation where mediation serves a purpose. However, where parenting plans, finances and property division are concerned, it can be the key factor toward the swiftest, least expensive means toward settlement, possible. Mediation gives spouses much control over their own settlement as it is they, not a jury or judge, who determines the details of their agreement.  

Property division discussions or any other matters negotiated during divorce mediation remain confidential outside the attorneys and mediator who may be present and, of course, the judge who ultimately reviews and approves an agreement. If spouses enter the process then determine it’s not a good fit, they may change courses of action and pursue litigation instead. If both spouses are committed to being open and honest, as well as cooperative and willing to compromise, mediation may be a most viable option.  

Source: FindLaw, “Mediation Cases: What Cases are Eligible for Mediation?“, Accessed on May 6, 2018

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