When Mediation is Not the Right Choice for Your Divorce

Although mediation can have great benefits for divorcing couples such as lower costs and a greater control over the settlement than a couple has with divorce litigation, it is not the ideal solution for every couple.

Before choosing how to divorce, talk to your attorney about your options. Some couples have the freedom to choose whether they want to divorce through mediation, collaborative law, or litigation and others are required by the court to take one of these routes before exploring another. If you have the choice, consider your marriage’s unique circumstances and how they can affect your settlement depending on the method you choose. Choosing mediation, like other choices related to your marriage and divorce, is a deeply personal decision. If you have the choice to mediate but feel it is not right for you, do not allow yourself to be pressured into a mediation.

Do Not Choose Mediation If:

If there is a history of domestic violence in your relationship. The key to a successful mediation is your ability to openly discuss your goals for your divorce with your former partner. If you can not speak openly with him or her because you do not feel safe doing so, mediation is not the right option for you.

If you suspect your spouse is hiding assets from you. A prominent element in nearly any divorce case is the division of the couple’s property and this can not be successful accomplished through mediation if you and your spouse are not forthcoming about your assets. If you think your spouse could be hiding assets in an attempt to retain them after your divorce, talk to your attorney about discovering his or her hidden assets to have them divided properly between you.

If either you or your spouse have a history of failure to cooperate with the court. Both parties must be willing to follow the court’s directions and cooperate with each other and the mediator for a mediation to work. If you or your partner can not do this, mediation is not the right divorce option for you.

If you are considering filing for divorce in the near future, it is important to understand the various ways you can end your marriage and the benefits and drawbacks of each. Call The Law Office of Eric B. Hannum Esq., LLC. at 732-370-9596 or visit them on the web to discuss your divorce options. The expert divorce attorneys at our firm can provide you with quality legal advice and help you determine the divorce method that is best for you.

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