Divorce Mediation PA

How is divorce mediation conducted in PA?

In Pennsylvania, divorce mediation may be conducted privately or publicly, depending on whether you and your spouse choose to mediate first or hire attorneys first.

If you take the preferred path and choose to mediate first, you would hire a private divorce mediation service like ours, typically before you file with the courts.

During the mediation process, your mediator, (Joe), would help you identify, discuss, negotiate and resolve all of the issues surrounding your divorce privately, confidentially and without the use of attorneys, if you so choose. Joe would then draft your agreement and a host of supporting documents.

Once the mediation process is completed, you’d complete your divorce through the courts.

On the other hand, if you choose to go the attorney route first, you'd likely be sent to court-ordered mediation.

Yes, you read that correctly – Pennsylvania has court-ordered mediation whereby you’ll be required to engage in child custody and financial mediation using a mediator or something called a Family Master.

And while we’re always supportive of couples who mediate, no matter what route they took to get there, there are a number of shortcomings with going the court-ordered mediation route:

• First, you don’t get to choose your mediator or Family Master like you would with private divorce mediation. So you could end up with a mediator you don’t like, or you’re not comfortable working with for your divorce proceedings.
• Second, court-ordered mediation in PA can be farmed out to various community groups who perform all kinds of mediation, not just mediation involving family matters. These may be volunteers who don't practice divorce mediation full-time like we do, or have the requisite knowledge or experience to help you come to agreement.
• Finally, what if your divorce issues are so complex that even if the mediator isn't fresh out of mediation training, they aren’t experienced handling unique issues like yours? In that case, mediation sessions will become a waste of time and now you’ll have to wait months for a family court date. When you could have resolved all of your issues in private mediation with us long before that.

 

 

What are the issues that need to be resolved in a Pennsylvania divorce?

For a divorcing couple with no children or grown children, there are two main issues that need to be resolved in a Pennsylvania divorce. For couples with minor children, there are four:

 

Creation of a Parenting Plan in PA:

In Pennsylvania, issues of physical and legal custody must be agreed upon and drafted into the parenting plan.

The parenting plan covers all aspects of how you will co-parent your children once you’re divorced including where the children will spend nights, weekends, and holidays, as well as how you and your ex will engage in decision making on matters such as education, religion, and medical issues to name but a few.

Because there is very little guidance on how to create a balanced and effective parenting plan, the help of a professional and experienced mediator is critical in this very gray area.

 

To learn more about how parenting plans work and why they’re the most important issue you’ll face in your divorce, please read: Divorce with Kids: The Importance of a Good Parenting Plan.

 

 

Determination of PA Child Support:

Here in the United States, all 50 states are required to have some sort of repeatable method for determining child support known as a child support guideline.

How child support is determined varies greatly state-by-state, and each state’s model produces a significantly different result. That’s why you must follow the Pennsylvania child support guidelines and not one from another state.

PA uses something called the “income-shares” model which uses a number of factors to determine a basic child support amount, and allocates a portion of that amount to each parent. It is non-taxable, and the basic child support amount in PA excludes a number of other “extraordinary expenses” such as college, and extracurricular activities, which must be negotiated separately.

Determining child support in Pennsylvania is not as simple as running a calculator and coming up with an amount, as there is a lot left out of the child support guidelines in PA. That’s why it’s important to work with a mediator with a financial background - to ensure your children get the financial support they need and don’t become the economic victims of your divorce.

 

To learn more about how child support works in Pennsylvania, please read: Think it's Easy to Determine PA Child Support? Guess Again!

 

 

Determination of Alimony in PA:

In Pennsylvania, the payment of money from one ex-spouse to another is called alimony. Some states refer to this as maintenance, spousal maintenance or spousal support.

Alimony in PA is different from child support in that it is to be used by the recipient spouse to assist with their expenses and not the children's, and there is no "PA alimony guideline" by which to determine it. Although oddly enough, there is a guideline to determine spousal support which is defined as monies paid from one spouse to another while the divorce process is unfolding.

But just because there isn’t a guideline or other repeatable way to determine alimony in PA, it doesn’t mean all hope is lost. There are a number of ways we help Pennsylvania couples resolve this difficult and emotional issue, and have been doing so with great success for many years.

 

To learn more about how alimony works in Pennsylvania, please read: Understanding Alimony in PA and The Challenges of Resolving it.

 

 

Equitable Distribution PA (Division of Marital Property & Debts)

Equitable distribution is the process by which divorcing couples divide their marital assets and liabilities. And is typically the last issue a mediating couple will need to discuss and resolve in their Pennsylvania divorce.

PA is an equitable distribution state. Meaning couples can come to any agreement they find “fair and equitable” when it comes to dividing their marital assets and liabilities. PA is not a community property state where assets and liabilities would be split 50-50.

So how do you determine what's fair when there's little in the way of formulas or rules to guide you?

A good start is to work with an experienced divorce mediator with a financial background as this part of the divorce process can not only prove difficult, but costly, as there are a significant number of mistakes that can be made during this part of the process.

In Pennsylvania, determining what marital property is, what’s the difference between marital and pre-marital property, and what factors are taken into account when discussing equitable distribution all factor into the negotiations.

 

To learn more about how equitable distribution works in Pennsylvania, please read: Equitable Distribution in PA.

 

 

Do I also need a lawyer for divorce in PA if I am working with a mediator?

Lawyers aren't required for a divorce.

Some individuals choose to speak with a divorce lawyer during or after mediation to obtain legal advice. But others specifically choose to NOT involve attorneys in their divorce or separation.

This is your divorce, so if you want to get a lawyer's perspective on a particular topic(s), you are encouraged to do so.

 

 

Do we have to be in agreement on all the divorce issues before we start the PA mediation process?

No! It isn't necessary or required for you and your spouse to have everything decided before you start divorce mediation.

In fact, many divorcing couples specifically wait for their chosen mediator to help them discuss and resolve the issues.

This way, you can ensure everything is covered thoroughly - in an appropriate order and given the time and attention required.

 

 

Will mediation work in a very complex PA divorce case?

We cannot speak for all divorce mediators, but for us the answer is absolutely!

There's no case too complicated to be handled by our expert mediator.

Given our experience helping couples divorcing after 20 years of marriage, high asset cases, grey divorce cases, business owner divorces, and cases involving complicated compensation issues, most cases we handle involve a high level of situational complexities.

 

 

How does divorce mediation compare to a traditional divorce process using lawyers?

There are a great deal of differences between the two divorce methods ranging from the number of professionals involved, approach, cost, speed, and more!

This article covers in more detail a comparison of divorce mediation vs lawyers.

And this article covers the differences between mediation vs collaborative divorce (also referred to as collaborative law process), and the benefits we believe mediation provides.

 

 

How do we know if PA divorce mediation is a good option for us?

Divorce mediation is a viable option if:

• You and your spouse are both willing to take part in a transparent and honest negotiation that includes full disclosure;
• There's a level of respect between the two of you, and because mediation is a voluntary process, you’re both willing to participate;
• You want an experienced professional to help you reach agreement on the necessary issues, but you want to maintain full control over your divorce agreement and make your own decisions.

Where are Equitable Mediation's PA Divorce Mediation Locations?

If you live anywhere in the state of Pennsylvania, you can mediate your no-fault divorce case with us using our innovative and convenient online divorce mediation format.

While most Pennsylvania divorce mediators only recently began practicing online as a reaction to the Covid-19 pandemic, we’ve been mediating online since 2011!