The process of getting divorced is never a pleasant one, but there are some ways to make it less stressful, or at least less legally intensive. For many people, one effective way of doing this is by going through divorce mediation, a form of alternative dispute resolution that avoids many of the difficulties of the divorce process. But how should you know if divorce mediation is right for you?
- Are you on good terms with your spouse?
- Divorce mediation starts from the assumption that both parties are on reasonably good terms, and able to talk with each other peacefully. However, if both spouses hate each other, they may not be able to come together and discuss things, which is something mediation requires. Mediation is especially ill-advised in cases where one or both spouses have alleged domestic violence or abuse for exactly this reason.
- Are you and your spouse able to discuss marital issues rationally?
- Even if you and your spouse are on relatively good terms, that does not mean you will be able to speak about your divorce rationally. It is a very contentious topic, after all, and likely to be a source of significant tension. However, if you can sit down and discuss issues related to your marriage in a calm and rational fashion, divorce mediation can be good for you.
- Are you concerned about the economic impact of the divorce?
- One of the primary reasons that people pursue divorce mediation is because it is a substantially less expensive option compared to traditional divorce litigation. Not only is it literally less expensive, it is also less time consuming, meaning fewer days taken off work and fewer arrangements being made to handle children or other family obligations. However, by engaging in divorce mediation, you must recognize you may get overall less from your marital property than you would if you spent the time and effort litigating your case.
- Do you have any children in your marriage?
- One factor that divorcing spouses do not necessarily consider before they file for divorce is the impact the process will have on their children. Not only is it a strain for you and your spouse, it is also immensely taxing for your children, who will be forced to go through the divorce process with you. Divorce mediation allows you to handle issues related to your children in a much more relaxed atmosphere, which is not only potentially beneficial to you, but also to your children.
- Are you and your spouse willing to compromise?
- The end point of any mediation is the mediation agreement, which is a sort of agreement between both parties about the issues discussed in the mediation. Both parties must consent to the agreement before it can be considered legally binding, which means both sides need to be willing to potentially compromise and not get everything they want out of the mediation. If you are able and willing to compromise, divorce mediation may work for you.
If you are going through a divorce or are planning to, an experienced attorney can help protect your finances and legal rights. Whether your divorce involves a situation with complex assets or few assets, an experienced matrimonial attorney can help ensure an outcome that protects your interests. The divorce lawyers at Blodnick, Fazio & Clark are skilled and experienced in representing clients in all aspects of matrimonial and family law. Call (516) 280-7105 or fill out our contact form to arrange a free consultation.