Mediation in the family and domestic area encompasses all the issues surrounding obtaining a divorce as well as ongoing issues that may occur after a couple is legally divorced, such as changes to custody and visitation schedules and support.

 If parents have never been married, mediation can still address the issues regarding the children, including a parenting plan that encompasses custody, visitation, and support.  Family and domestic mediation can also include a variety of other concerns, such as parent/teen challenges, eldercare, and nursing home/assisted living disputes.  

In many cases, mediation can help to preserve family relationships.

Family/Domestic

Even with what is considered an uncontested divorce there are still four key areas that typically need to be addressed.  Those areas are; creating a comprehensive parenting plan, child custody, child financial support and the division of marital property and asset division.

Creating a Parenting Plan

Parents who share children, whether they are divorced or unmarried, need to reach an agreement on a comprehensive parenting plan that includes legal and physical custody, time sharing/visitation on a regular schedule and holidays, pickups/drop-offs/exchanges, telephone contact, child care, medical care, education, and general communication about events and important happenings concerning the children.  If parents cannot agree on a plan, these issues will be decided for them by the court.

Child Custody

There are two types of custody concerning children.  Legal custody is the right and responsibility to make decisions concerning the child’s upbringing.  When parents share this right and responsibility, that is called Joint Legal Custody and both parents have an equal say in major decisions concerning the children.  Physical custody means sharing time with the children.  Joint Physical Custody does not necessarily mean a 50/50 split of time.  There are a variety of scheduling options to achieve approximately equal time-sharing between parents and children, depending on a number of factors in the best interest of the children, including their ages and geographic distance between parents.  In cases where one parent receives Sole Physical Custody, the other parent will have regular visitation with the children, barring issues such as abuse.

Child Support

Financial support of children is calculated using the combined income of both parents and number of children to be supported.    It also includes standard expenses for the children, such as health insurance, medical expenses, and childcare expenses.   You can estimate child support payments using the Child Support Calculator from the Oklahoma Department of Human Services.

Marital Property/Asset Division

When divorcing parties cannot agree on how to divide their marital property, the court will make those decisions for them.  Oklahoma is an equitable distribution state.  A judge will determine how to divide the property in a “fair” manner but that does not necessarily mean an equal split of property.  A judge will look at a variety of factors such as contributions of each spouse, income potential of each spouse, and length of marriage.  Liabilities or debts acquired during the marriage are also divided at divorce.  Alimony or spousal support may also be considered by the court depending on the circumstances.  

In mediation, divorcing parties have the opportunity to resolve their property disputes and agree on how to divide their property and any debts.