Just Because Divorce Mediation Didn't Work Doesn't Mean You Have To Go To Court

11 July 2017
 Categories: , Blog

Going through a divorce is rough in many ways. Whether or not you both agree to the end of your marriage may have no bearing on how things go when it comes to dividing property, assets, and the care of your children. If you hired family law attorneys to draw up the divorce papers and then realized you are not agreeing on things, you were probably advised to meet with a mediator. While this may work for some couples, it might not help your situation at all. Luckily, your divorce attorneys can take over at this point and help the two of you come to some type or agreement without the need to fight things out in court. Here are just some ways things will differ from mediation.

You Do Not Have to Face Your Spouse

During mediation, both you and your spouse meet with the mediator to try and settle things. This can cause hard feelings and trouble. When you are working only with your lawyers, you can each meet with your own attorney, discuss what it is you want and then the lawyers will meet and go over things. You do not have to go to any meeting where your spouse will be present. Many times, this can be a big help in getting things resolved without causing arguments.

Full Disclosure

Sometimes a spouse tries to hide different assets when it comes time to get a divorce. A mediator has no legal standing to demand full disclosure from both of you. However, a divorce attorney can get a court order to look at all assets for both of you. If something is hidden and then later discovered, it is contempt of court and could lead to fines and/or imprisonment. It is seldom that things will not be found when you have a lawyer searching for them.

It is best if you can agree to all the conditions of a divorce without having to resort to a long, drawn-out court battle. The ideal situation is when both parties agree to everything without the need for a third party's help. Using a mediator is the next best solution. This is more important when children are involved and you will still have dealing with your ex-spouse because of them. However, when you need legal help to get everything settled, a lawyer experienced with family law can get everything taken care of so everyone can get on with their life.