The divorce attorneys here at The Kronzek Firm have helped
thousands of clients over the past few decades. Here, we’re delving
into some common statements that can hinder progress and
exacerbate conflicts during the divorce mediation process here in
Oakland County and all of Metro Detroit. Communication is key in
divorce mediation, and steering clear of certain phrases can
significantly contribute to a smoother and more productive process.
Let’s dive in:
- Blaming Your Spouse for Mediation Costs: Divorce is a
complex journey that often involves two spouses arriving at a
difficult decision. Pointing fingers about who initiated the divorce
and using it as leverage in discussions about mediation costs
can escalate tensions and impede progress. Remember,
mediation is forward-focused, aiming to find solutions rather than
assign blame. In Michigan, being a no-fault divorce state, such
discussions are usually irrelevant. Mediation fees are typically
drawn from the marital estate regardless of fault, or equally
divided, so focusing on constructive communication is crucial for
moving forward. The mediator and your divorce attorney will try
to keep the conversations and negotiations on the right path
toward settlement. - Using Infidelity as Leverage in Parenting Discussions:
Bringing up infidelity as a basis for parenting schedule decisions
can derail productive discussions and detract from the focus on
the children’s well-being. Michigan courts prioritize the best
interests of the child when determining custody arrangements,
regardless of the circumstances leading to the divorce. Rather
than seeking retribution, it’s essential to focus on practical
considerations such as work schedules, parenting styles, and the
children’s needs to create a parenting plan that serves their best
interests. - Resisting Equitable Division of Retirement Assets:
Arguments against equitable division of retirement assets based
on individual contributions or savings habits can hinder progress
in mediation. Michigan law typically dictates a fair division of
marital assets, including retirement accounts, unless specific
circumstances warrant otherwise. However, mediation provides
opportunities for creative solutions and compromises regarding
asset division, allowing both parties to reach a mutually
acceptable agreement. Equitable division often means dividing
marital assets, including retirement funds equally between the
spouses, regardless of whose name is on the account. - Resisting Financial Responsibilities: Denying financial
responsibilities such as spousal support (alimony) or equitable
sharing of income and bonuses can lead to contentious
negotiations. In Michigan, spousal support and financial matters
are determined based on various factors outlined in Michigan
law, and resistance in mediation can prolong the process and
lead to unfavorable outcomes or maybe to no outcome at all
other than a failed mediation. It’s crucial to approach financial
discussions with openness and a willingness to negotiate in good
faith for a fair resolution. Let your attorney guide you through the
mediation process.
In conclusion, maintaining a positive and constructive attitude in
divorce mediation is critical for achieving a successful outcome and
settlement. Avoiding inflammatory statements and focusing on
collaborative solutions can facilitate smoother negotiations and help
both parties reach agreements that meet their needs and priorities. At
The Kronzek Firm, we’re committed to guiding our Oakland County
clients through the mediation process with expertise, experience and
compassion. Contact us for a consultation and let us help you
navigate your divorce journey with confidence and skill. You can reach
our Oakland County Family Law team by calling 248 479-6200. Our
attorneys are available 24/7 for crisis consultations. We are located on
Northwestern Highway in Farmington Hills.