The emotional and financial toll of a divorce can be high, which is why many couples are now looking to mediation as a viable option for their dissolution. How do you know if it’s right for you? There are a number of factors to look at when considering mediation. Below, we explain the most important.
When to Consider Mediation
You Are Filing for Uncontested Divorce
When one party blames the other for the divorce, or plans on bringing the case before a judge, the divorce is contested. This gives the judge the ability to award a greater amount of marital property to one party versus another and typically involves more time in litigation with your legal representation.
In an uncontested divorce, both parties accept the idea of dissolution and can amicably, or at least respectfully, discuss and agree upon most details of the dissolution without litigation. This negotiation phase is referred to as mediation, and it’s a time for both parties to express their concerns and opinions. Many mediators also assist in preparing and filing the proper documentation with the court.
You Trust Your Spouse to Be Honest About Assets
You should consider whether or not the partner would lie about marital property. It is important that you trust the person enough to bring forth all information regarding your assets. If you cannot trust them to do this, you may need to consult a divorce lawyer to discuss your options.
You Can Have an Open Conversation About the Divorce
If you cannot control the urge to scream every time you see your partner, mediation isnot for you. The mediator will assist in guiding the conversation, and make sure one side is not intimidating the other, but it is important to voice your goals maturely.
Do I Need a Divorce Lawyer if I Have a Mediator?
Although your mediator may also be an attorney, he/she is acting as a neutral party in this situation and should not issue legal advice to you or your spouse. An experienced divorce lawyer can answer all of your questions and concerns regarding the mediation process and can assist you in mediation to help achieve your goals.
Contact Masella Law Firm, P.A. to discuss your divorce case: (803) 938-4952.
Our divorce attorneys have helped clients in litigation and mediation for nearly 30 years. We understand that your dissolution is unique and offer a personalized approach to our divorce strategy. We aim to make the process as smooth and beneficial for you as possible. Let one of our experienced lawyers advocate for you.