Jamie Graham & Associates, PLLC

Mediation may not help during divorce in certain situations

If two spouses in Texas are at the point where they realize their marriage cannot continue, they may be ready to get divorced. However, they may question how hard it will be for them to untangle their financial and legal lives. Splitting up through divorce mediation does have its benefits over traditional divorce litigation, but it may not necessarily work in every situation.

Mediation may not be helpful if one spouse is stuck on making life miserable for the other spouse. The point of mediation is for both sides to come to an agreement on how to handle their finances -- specifically, how to divide their assets, including determining who gets to keep the marital home, for example. However, sometimes bitter spouses cannot stand to see the other party happy, so they would rather make it difficult for him or her to finally get through the divorce, which means they choose to go to trial.

Another situation where mediation might not work is if one of the spouses does not know how to be a self-advocate. Self-advocacy is critical for ensuring that a spouse's desires are presented during the divorce proceeding. Otherwise, this party may end up with a settlement that he or she may find personally unbeneficial or even harmful.

If two divorcing individuals in Texas are willing to try to find common ground, they may try out mediation in an effort to avoid the more expensive divorce route of litigation. In addition to being cheaper than going to trial, mediation is much less adversarial and more cooperative. An attorney can help with navigating divorce mediation in such a way that one's wishes and best interests are protected at every stage of this type of family law proceeding.

Source: lifehacker.com, "8 Signs You Should Skip Mediation and Head Straight for the Divorce Lawyer", Leigh Anderson, Aug. 11, 2017

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