Divorce Lawyers Near Me Or Divorce Mediators?
When a couple has decided to divorce they will often start to search for “divorce lawyers near me”. They believe that this is the only course of action open to them to resolve their divorce and get what they want.
But this is not the case as a professionally trained divorce mediator can assist both parties in reaching an agreement over the divorce issues. The aim of this article is to provide you with the information that you need to make the right decision, when it comes to getting the help that you need with your divorce.
Reasons for searching for a Divorce Lawyer near Me
Incapacity to Participate in the Divorce Mediation Process
The divorce mediation process relies on self determination and a couple’s ability to make the right decisions for themselves and their children. If there is doubt that either party to the divorce will be able to do that then a divorce lawyer would be the preferred option.
It could be that one of the divorce parties has a condition that would prevent them from working with a mediator. A neurological condition such as Alzheimer’s would certainly be a strong case. An addict is hardly fit for the mediation process, and if a spouse has mental incapacity issues then divorce lawyers are the right choice.
Domestic Violence or Safety Issues
If one of the spouses is the victim of domestic violence then the divorce mediation process is unlikely to work very well. In the case of a restraining order being in place it would certainly not be possible for both parties to be in the same room to resolve their divorce.
Safety concerns are of paramount importance, and if these are genuine then divorce lawyers are the right decision. If one party to the divorce feels that they have a significant power imbalance with the other party, and that they are fearful of expressing their true feelings due to retribution concerns, then go with a divorce lawyer.
One party believes that there are Hidden Assets
Honesty and transparency is essential for the divorce mediation process to work effectively. If one party has evidence that the other party is hiding assets then choose a divorce lawyer. A lawyer can request that the court compel the party accused of hiding the assets to disclose the necessary paperwork, if they are indeed hiding assets.
One party Refuses to Mediate
If one party refuses to mediate then you have no choice but to look for “divorce lawyers near me”. Divorce mediation is entirely voluntary, and if one party refuses to volunteer and cooperate then there is no other choice.
Reasons for Choosing a Divorce Mediator
You want to put your Children First
There is nothing more important than your children and a divorce mediator will make them a priority in the divorce agreement. A divorce lawyer will not always do this. Divorce is tough enough for you – imagine how difficult it is for your children.
A divorce mediator will encourage the couple to discuss the divorce as parents rather than litigants. The terms of your divorce settlement will certainly include child support and timesharing so that your children’s needs are taken care of first.
You don’t want to spend a lot of Money
If you hire divorce lawyers then expect to pay a retainer of between $5,000 and $10,000 each. Do you really want to spend $10,000 as a minimum on your divorce? If the divorce is complex then the fees can be a lot higher.
By using a divorce mediation service you will spend a lot less money on your divorce.
A Peaceful Resolution is Important to you
If you and your spouse can agree to mediate over the divorce proceedings then a peaceful resolution will be the result. You do not have to be on the best of terms with your spouse, just willing to settle everything peacefully.
Hiring lawyers is not normally associated with peaceful divorces, so hiring a divorce mediator is the obvious choice here.
You prefer to be in control of your Divorce Agreement
If you want to be in control of your divorce outcome then use the divorce mediation process. Through discussion and negotiation both parties will be able to get what they want from the process.
You will have the power to make informed decisions that are right for both of you. Both parties to the divorce will accept the end settlement as fair. If you let lawyers make the decisions and control proceedings, then there is a good chance that one or both parties will be unhappy with the outcome.
You do not want a long drawn out Divorce
The divorce mediation process takes less time than litigation. Courts are slow with many cases and lawyers will have to communicate back and forth in this process. With divorce mediation any disagreements can be resolved quickly.
There is no waiting on lawyers or the courts for a response. You can just air your concerns and the mediator will facilitate the resolution of the disagreement. Divorces with mediators take weeks compared to months or years using litigation.
So rather than just searching for “divorce lawyers near me” give consideration to whether the divorce mediation process is a better solution for you.