When my wife and I first married, it was with the intent that it would last forever. About six years into the marriage, we found ourselves facing some pretty serious problems. Neither of us knew if the marriage would continue, or even if we wanted to stay married. Fortunately, we found a counselor who helped us make sense of what was a very confusing time. Bit by bit, we were able to get a handle on what was happening and figure out a way to resolve those problems together. Without the help of that counselor, I doubt we would be together today. If you are leery of seeking counseling, let me put your mind at rest. The right therapy will help you find the answers you seek and make it possible to move forward. Stay with me and I'll share a little of what I learned along the way.
If you've tried everything you can to make your marriage work, and it's still failing, it might be time to consider divorce. Unfortunately, divorces can be stressful on all the parties involved. Family mediation is a way to avoid some of that stress. Through mediation, you and your spouse will work with a family lawyer to come to a settlement that you can both agree to.
In most cases, family mediation will result in a divorce agreement that doesn't require courtroom intervention. However, sometimes mediation doesn't work and lawyers must find other ways to facilitate a divorce. If any of the situations described below sound familiar, family mediation may not work for you.
You Were the Victim of Domestic Violence
For mediation to be successful, both you and your spouse must be able to work together to come to an amicable agreement. If you've been the victim of domestic violence, it may not be in your best interest to be involved in negotiations with your spouse. This is particularly true if you're afraid of retribution if you voice your opinion during the mediation process.
Your Spouse Will Not Provide Full Disclosure of Finances
During the mediation process, you'll be working to come to an agreement regarding the division of marital assets and debts. To make sure the process is fair, you'll need to have access to all the financial documents from your marriage. If your spouse is not willing to provide full disclosure of the marital finances, you may need judicial intervention before you can proceed. In this case, mediation might not work for you.
Your Spouse is Not Honoring Court Orders
In order for mediation to work properly, you and your spouse must be willing to abide by all court orders. If your spouse is refusing to honor court orders, it's a good sign that they won't honor your separation agreement either. If your spouse isn't honoring court orders, you'll need to talk to your lawyer about other options that might be available to help facilitate your divorce.
You or Your Spouse Cannot Afford a Lawyer
You and your spouse will need to be on equal footing during the family mediation process. That can be difficult when one of you is unable to afford competent legal counsel, especially if the other party has secured legal representation. If you or your spouse will be without legal representation, you should discuss other options to the divorce proceedings.
If you're going through a divorce, family mediation is a good way to facilitate an agreement. However, if any of the situations apply to you, be sure to discuss them with your family lawyer.Share