You may have heard that mediation is the preferred form of divorce. But while it may be a mistake to not consider it, it may also be a mistake to undergo it. This is because divorce looks different for every couple. Continue reading to learn whether it would be a mistake to not consider mediation and how an experienced York County, PA divorce mediation attorney at Ilkhanoff & Silverstein can help you in making this determination.
What is divorce mediation?
First of all, mediation is a type of divorce process that involves a neutral third-party mediator who works to help a couple reach a settlement agreement on any and all of their divorce-related issues via negotiation. And since this involves a mediator and not a judge, this process is conducted outside of the courtroom. Importantly, this mediator may or may not be an attorney, but we still recommend that you employ one of our skilled York County, PA divorce attorneys to conduct yours.
Why is it a mistake to not consider divorce mediation?
If you and your spouse have remained amicable since you decided to terminate your marriage, then it would be a mistake to not consider mediation. By being amicable and agreeable on many or all of your divorce-related issues, such as child custody, child support, spousal support, and property division, then mediation will likely be a straightforward process.
That said, below are some additional benefits that you and your spouse can take advantage of if you consider mediation:
- Mediation can save you and your spouse thousands of dollars in legal fees.
- Mediation can save you and your spouse from emotional distress.
- Mediation is completely voluntary, so you can start or stop on your own timeframe.
- Mediation does not involve a judge, so you and your spouse will have full control of the outcome.
When would undergoing divorce mediation be a mistake?
Admittedly, mediation is not suited for every couple. So, under certain circumstances, opting for this process may be a mistake. Below are some examples of when you and your spouse should avoid mediation:
- You believe that your spouse is hiding assets or income.
- You have never handled your household finances, so you do not have any information on your and your spouse’s income and assets.
- You or your spouse are unwilling to compromise on certain divorce terms (i.e., child custody).
- You or your spouse are emotionally attached to certain marital assets (i.e, your family home), so your decision-making is impaired.
All in all, the main priority in your divorce proceedings should be to get an outcome that will maximize your finances for your post-divorce life. So when this is not achievable via mediation, you should consider litigation.
If you require additional guidance, contact a competent York County, PA family law attorney today.
