Signs Mediation Won’t Work for Your Divorce - couple holding hands in ocean
  • April 14

Signs Mediation Won’t Work for Your Divorce

Divorce Lawyer

Some divorcing couples choose to go through mediation versus going to court. Mediation is less expensive and stressful than a traditional divorce. However, that does not mean that mediation is right for everyone. 

Here are a few signs that mediation will not work for your divorce.

You and Your Spouse Can’t Be Civil

During mediation, a divorcing couple tries to compromise on major issues in their divorce with the assistance of a trainer mediator. However, if you and your spouse can’t even be in the same room without arguing, mediation might not work. You might be so angry with one another that you can’t discuss your problems in a constructive manner.

You or Your Spouse Have a Mental Health Issue

Mediation also is not ideal for people who suffer from mental health issues. For example, if you suffer from bi-polar disorder, you may have trouble thinking rationally and can’t concentrate during mediation sessions. It may be better to go through the traditional divorce process.

You Can’t Agree on Custody

If you have minor children with your spouse, it can make your divorce even more complicated. While some divorcing couples can come to an agreement on child custody, others can’t. If you and your spouse are having difficulty agreeing on a parenting plan, mediation may not be the best option. A judge may have to make a child custody decision for you.

There Was Abuse in the Marriage

Whether it was physical or mental, abuse in the marriage does not make you and your spouse good candidates or mediation. The abusive spouse may try to intimidate the other spouse into doing everything he or she wants. If there was abuse in your marriage, it may be necessary to go to court.

There Is a History of Drug or Alcohol Abuse

If you or your spouse have a substance abuse issue, mediation might not be the best option. Drugs and alcohol can hinder your ability to think clearly and make rational decisions.

What to Do Instead of Mediation

If you have determined that mediation is not the right option for you and your spouse, you may want to consult a divorce lawyer, like one from The Law Office of Daniel E. Stuart, P.A. soon. A divorce lawyer can help you achieve a favorable settlement and take the case to trial if necessary.

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