When should I avoid divorce mediation?

| May 19, 2021 | Uncategorized

It surprises many Americans to learn that not all divorces happen inside a courtroom. In fact, the cheapest and fastest divorces never see the inside of a court or hear the words of a judge at all.

At its best, mediation can help you and your ex-spouse personally design an affordable and amicable divorce. However, in some cases mediation will not be fruitful. According to Family Education, you should not mediate a divorce if you and your ex-spouse are not on talking terms, or if you are unaware of your marital assets.

Talking matters

Mediation saves a lot of time and money, but this is because it is the ex-couple doing most of the work. In order for mediation to bear fruit, you and your ex-spouse have to be willing to work together and compromise in order to craft a divorce arrangement that benefits you both.

If this sounds completely unrealistic, then it is unlikely that mediation will work. Additionally, in most successfully-mediated divorces, both parties want the separation. If one party is against the divorce, it is likely you will end up in trial.

Keeping track of assets

In some marriages, one spouse has all of the information about marital assets. If this is your situation, then mediation is not a good idea. A mediator does not have the authority to legally force a spouse to reveal assets.

An attorney does not have this authority either, but an attorney can go to a judge, and in turn the judge can penalize the withholding spouse. Mediation is a good option for many ex-couples, but if you are looking at an extremely contentious divorce for whatever reason, it is likely that it is not a good option for you.