Is Divorce Mediation Always Possible?

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There are a few different ways to approach disagreements in divorces. One is mediation, but divorce mediation is not ideal in every single situation. A Morton divorce lawyer from our firm can evaluate your case and determine whether or not entering into this kind of negotiation is a wise idea. If it does not seem like it will work out for you, we can find another way to get things done.

What is Divorce Mediation?

Divorce mediation is a way for divorcing couples to come together and talk through some things. A professional mediator is there too, and their job is to stay neutral and help the couple come to agreements about different aspects of their divorce. Mediation sessions can cover a variety of topics and determine how responsibilities and assets are split. You can go into mediation to work out deals on:

  • Property division
  • Child custody and visitation
  • Child support
  • Alimony or spousal support

If you are successful in mediation, you and your spouse can reduce your legal and litigation costs by a significant amount.

Is Divorce Mediation Ever a Requirement?

Usually, mediation is not a requirement. However, you and your spouse could be ordered to go through divorce mediation if you are asking the court to resolve a conflict. Before the court weighs in, mediation will often be seen as the best way to settle matters.

In some cases, couples end up liking the mediation process. Even if it is not court-ordered, some couples continue to use divorce mediation to sort out issues. This method can also be used after the divorce has been finalized, in case either spouse wants to make some kind of adjustment to the current terms of their agreement.

When Can Mediation Be a Bad Idea?

Unfortunately, mediation is not ideal for everyone. There are times when it is not a good solution for a couple and when the courts should be stepping in to make fair arrangements. We cannot recommend divorce mediation if:

There is a history of domestic abuse or violence: When a couple comes to mediation, they are supposed to be on the same level. A history of abuse can make it difficult to create a fair environment where both spouses can be heard.

One spouse has hidden assets: Before you even get to the negotiating table, one spouse has completely torched their credibility. It can be hard to come back from this kind of dishonesty to have a productive mediation session.

There are allegations of child abuse: If there are accusations of child abuse being leveled at one or both spouses, it is highly unlikely that they can come together to negotiate.

Contact Our Law Firm Today

Navigating the divorce process is rarely simple, but it can be much easier when you have an experienced attorney at your side. So contact Butler, Giraudo & Meister, P.C. and schedule a consultation today. We can tell you more about your options, what we can do to help you with your divorce, and whether or not mediation is a good fit for you.

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