Divorce is a life changing decision full of emotional and financial disruption. So when it comes to how you want to handle the ins and outs of asset division and custody arrangements, it’s important to weigh your personal circumstances carefully before committing to working with a family divorce mediator or a family lawyer.
While it’s true that most divorces don’t need to go to court and that divorce mediation has become a tried-and-true practice for modern divorce, sometimes hiring a family lawyer is a smart call.
1. Your Divorce is Contested
Divorce is often a sticky topic. The emotionally charged aspect of divorce can cloud judgment and drag out the process. These are the types of divorces that need court intervention and are usually the most difficult ones.
If your divorce is contested, you, your soon-to-be-ex, or both of you have differences that make it impossible to reach a divorce agreement on your own. Generally, settlement negotiations try to find middle ground and carve out an equal division of shared assets. When a settlement agreement can’t be reached through a collaborative private negotiation, it’s settled in divorce court.
2. Emotional Hang-ups and Attachments to Possessions
A divorce might seem amicable and uncontested when the paperwork is filed and in the initial talking phases, but emotions can really derail the process. Sometimes, this can involve an irrational attachment to shared possessions.
While both parties may believe that the best possible course of action for the future is divorce, this doesn’t make the act of divorce any easier. Emotions can often steamroll logic. Divorces that drag on become expensive. If you find that your emotions are overtaking reason, it’s probably best to work with a family lawyer.
3. Custody Disputes
Divorce is often a sticky topic. The emotionally charged aspect of divorce can cloud judgment and drag out the process. These are the types of divorces that need court intervention and are usually the most difficult ones.
If your divorce is contested, you, your soon-to-be-ex, or both of you have differences that make it impossible to reach a divorce agreement on your own. Generally, settlement negotiations try to find middle ground and carve out an equal division of shared assets. When a settlement agreement can’t be reached through a collaborative private negotiation, it’s settled in divorce court.
4. When Mediation is the Right Choice
Family divorce mediation is a great choice for divorcing couples who are able to manage and sort out the emotions surrounding their divorce. If you are filing an uncontested divorce, then mediation can save you stress, time, and money.
Divorce mediators are knowledgeable in family law, and many professionals bring valuable legal and financial expertise to the negotiating table. Be sure to educate yourself on the mediation process and familiarize yourself with the services mediators offer. A divorce mediator can be a lawyer, a Certified Divorce Financial Analyst (CDFA®) or other appropriately trained individual. Be sure you understand the differences in your alternatives and which would be best suited for your case. The decision of choosing a family lawyer or a divorce mediator is a personal one. Asking the right questions can help you set reasonable expectations and make a decision on whether or not a mediator will meet your professional needs.
Is mediation right for you? Visit our website to schedule a free divorce strategy session online with TruNorth Divorce Solutions.
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