When Divorce Mediation Might Not Be Right For You

9 June 2017
 Categories: , Blog

An easy and quick divorce is the goal for most couples. Given the emotions that come along with the process, getting it over with and moving on is important. Divorce mediation services often seem like the way to go about this. While mediation is fast and relatively painless, when compared to a traditional divorce – it is not a good idea in every situation.

History of Abuse

If there is a history of abuse in your relationship, mediation might not be the route to take. This is true no matter the type of abuse, be it physical, psychological or some other form. When a person is a victim of abuse, in one way or another, they may feel as though the abuser has some level of control or power over them.

Given the close and intimate nature of this process, this type of mindset can be intimidating and threatening. The abuse victim could end up agreeing to terms that are not in their best interest to simply get the process over with and get away from the abuser.

High Emotions

Divorce isn't generally a pleasant experience so the average person will have some level of emotion regarding the process. When the level of emotions experienced by either party is on the extreme side, such as anger or hurt, mediation may only cause more issues.

A successful mediation hinges on the ability of both parties to come to an agreement. If one person is hurt and the other is angry, this is almost impossible to do. You can save yourself undue stress and time by simply going through a traditional divorce where you can have the courts help you make the decisions that you and your ex can't make on your own.

Failure to Disclose Assets

If you believe your ex will not be forthcoming regarding declaring all their financial assets, avoiding mediation is best. Though legal, mediation somewhat differs from traditional divorces in that they are done in good faith.

Whatever documents presented by each party valuing their assets are supposed to be honest; however, with a traditional divorce they are thought to be honest, but they are also verified to be true. If your spouse isn't honest about their assets and you're due spousal or child support, you could walk away with less than you deserve. Letting the legal process play out and going through a formal court hearing is a better solution.  

Every situation is different so what it's best for you will depend on many factors. Speaking with an attorney, like those at The Law Offices Of James Scott Walker can help you make an informed decision that's going to be best for your interest.