Divorce is challenging, especially when navigating a high-asset divorce, but mediation can ease the process. Divorce mediation offers a more effective and less stressful way to address complex issues like dividing marital property or determining alimony, compared to the emotionally exhausting and costly battles of divorce court.
In fact, mediation is so effective in resolving divorce logistics that even couples in Tennessee who take their divorce to court are often required by the court itself to participate in mediation. The more questions a pair of soon-to-be ex-spouses can answer through mediation, the fewer thorny issues the judge will have to solve on their own. Sometimes, divorce mediation can even save a failing marriage!
What you get out of divorce mediation depends on what you bring into it—not just in terms of your attitude, willingness to set aside personal feelings, and ability to compromise.
In this article, we’ll look into the 8 must-have documents and materials you’ll need to prepare ahead of mediation and bring with you to your mediation sessions so the mediator can help you and your partner hash out the terms of your imminent separation.
1. Personal Identification
If you’ve packed your bags for a vacation recently, then you know that the most sensible things to bring are often the easiest to forget about.
The first thing you and your partner should make sure you bring to your mediation session is your identification documents—such as a driver’s license, passport, or any other government-issued ID. These documents help the mediator confirm your identities and ensure that all legal documents and agreements are correctly attributed.
2. Financial Documents
Making decisions regarding alimony, child support, and other financial factors in post-divorce life depends on having a clear, accurate look into both your and your partner’s financial situations. Negotiating fair terms for a divorce can be nigh impossible without these documents to clearly spell out your finances:
Income Information:
- Recent pay stubs
- Tax returns (last 2-3 years)
- W-2 forms and 1099s
- Business income documents, if self-employed
Bank Statements:
- Checking and savings account statements (last 6-12 months)
Retirement Accounts:
- Statements from IRAs, 401(k)s, pensions, and other retirement accounts
Investment Accounts:
- Stocks, bonds, mutual funds, and other investments
Real Estate Documents:
- Mortgage statements
- Deeds and titles for properties owned
- Recent appraisals or property tax statements
Debts and Liabilities:
- Credit card statements
- Loan documents (car, student loans, personal loans, etc.)
- Any other outstanding debts
Insurance Policies:
- Health, life, home, and auto insurance policies
3. Property and Asset Documentation
Like your financial documentation, you also need to bring comprehensive documentation regarding your marital property and assets so the mediator can make sure your strategies for dividing shared marital property into separate properties are equitable and will hold up in court. Remember, a judge always has the final say in divorce court, even when you go through mediation.
Real Estate:
- Property deeds, mortgage statements, and any documents related to the ownership of real estate
Vehicles:
- Titles and registration for cars, boats, or other vehicles
Personal Property:
- Inventory of valuable personal property (jewelry, antiques, etc.)
Business Assets:
- Business valuation reports and ownership documents if either spouse owns a business
4. Marital Documents
Do you have a prenuptial or postnuptial agreement with your spouse? What about any preexisting separation agreements? These legal agreements and records can significantly influence the terms of your divorce settlement, so make sure not to leave a single stone unturned.
5. Parenting and Child-Related Documents
Child custody, child support, and visitation are some of the most important topics to work out in divorce mediation. The decisions you make with the help of your mediator need to stand up to the court’s scrutiny, as Tennessee divorce courts place a great deal of importance on what they consider the best interest of the child or children in a divorce case.
Making sure you have these documents on hand helps guide the mediation process to prioritize the best interests of your children and make your and your partner’s responsibilities toward your children clear:
Parenting Plan:
- Draft of a proposed parenting plan if custody and visitation are issues
Children’s Expenses:
- Records of child-related expenses (education, healthcare, extracurricular activities, etc.)
Child Support:
- Documents related to any existing child support orders
6. Health and Medical Records
If you, your spouse, or your children have ongoing health issues or needs, those health considerations add a new wrinkle into your decision-making process for alimony, support, custody, or health insurance arrangements. Make sure you have your relevant medical records and health insurance information on hand to avoid overlooking these factors.
7. Legal Documents
The divorce mediation process doesn’t occur in a vacuum—in order for the conclusions you and your partner reach during mediation to be validated by divorce court, they have to be in compliance with Tennessee law. If you have had any previous court orders related to your marriage or legal correspondence from attorneys related to the divorce, mediation has to take them into account.
Otherwise, the decisions made over the course of your mediation sessions could fall short of covering all your bases or contradict previous legally binding decisions regarding your marriage—which means leaving important decisions about your post-divorce lives in the hands of your judge.
8. Mediation Preparation Notes
Last but not least in our checklist of divorce mediation documents are your notes. Taking the time before your first divorce mediation session—and, indeed, before every mediation session—to write down what you want to discuss is essential to keeping your sessions on-track and ensuring your time spent with your spouse and the mediator is spent wisely.
Your notes can include your goals and priorities for divorce, your thoughts on proposed settlement terms, and any questions you might have for your mediator:
Goals and Priorities:
- A list of personal goals, priorities, and any non-negotiables
Proposed Settlement Terms:
- Initial thoughts or drafts of potential settlement terms
Questions for the Mediator:
- A list of questions or concerns to discuss during mediation
Think of your notes as a little bit of homework to do ahead of your mediation sessions to ensure you’re less likely to forget about or run out of time to discuss issues that are important to you. More than anything, these notes help you ensure that you show up to your mediation sessions prepared and willing to work constructively with the mediator and your spouse to reach an amicable agreement.
Start Your Mediation On the Right Foot with MHPS Law
A successful divorce mediation depends on having a mediator who is well-versed both in divorce law and in helping couples have constructive discussions even in contentious circumstances.
You can count on the divorce mediation attorneys at MHPS Law to offer the expertise and compassion you need to put your marriage behind you and look to your own separate futures. We provide a less adversarial, more private avenue to resolve divorce issues such as property division, child custody, and spousal support to ensure you and your soon-to-be ex step away from your marriage on terms that are fair, equitable, and agreeable to the both of you.
Call our Nashville, Tennessee law office at 615-800-7096 or visit our website today to schedule a consultation.
