Stillwater and Woodbury Divorce Mediator Lesa Koski’s quote of the week: “Let us never negotiate out of fear; but let us never fear to negotiate.” John F. Kennedy.
Divorce mediation/negotiation is an amicable way to end a marriage. Generally the first issue that divorce mediator Lesa Koski and the clients work through is the division of assets and liabilities. Empowering each client with all the financial information is imperative. Divorce mediator Lesa Koski finds that bringing financial information to the light is the first step in alleviating the fear of negotiations. In addition the court requires that each party acknowledge under oath that there has been a full and fair disclosure of assets and liabilities in the case. If one party does not disclose this information the penalty is severe.
When you examine a couple’s asset you must first determine what is marital property and what is non-marital. Non-marital assets are ones that one party brings into the marriage: And or items that are gifts to one party or inherited by one party. Anything that is acquired during the marriage, even if it is not held as joint property is marital property. If one party is claiming property is non-marital they have the burden to prove that it is such.
In general courts divide property equally. When working through the asset distribution in divorce mediation the parties must first list all of their assets and liabilities and value them. Then the couple, with the assistance of Lesa Koski, creatively divides their assets equally. It is always important to keep in mind that the court requires that each party acknowledge under oath that there has been a full and fair disclosure of assets and liabilities in the case. If one party does not disclose this information the penalty is severe. Often the non-disclosing party may have to pay court costs and attorney fees to resolve the issue.
If you have been contemplating an amicable divorce through divorce mediation please call divorce mediator Lesa Koski. Ms. Koski offers free initial consultations from her beautiful office overlooking the St. Croix River.