Is divorce mediation always appropriate in New York?
During a divorce, a judge may order you and your spouse to attend mediation sessions with an impartial mediator to resolve any disputed issues. It is possible, however, to choose mediation as your preferred method for divorce. Opting for divorce mediation can save you a considerable amount of time and money. Although, despite the various benefits, divorce mediation is not always appropriate. If you seek a divorce, contact a trusted Nassau County Divorce Mediation Attorney who can help you determine whether divorce mediation is appropriate for your situation. Please continue reading to learn when divorce mediation may not be possible in New York.
Is divorce mediation appropriate in cases involving domestic abuse in New York?
Firstly, it is imperative to understand that the sole purpose of divorce mediation is to have divorcing couples reach a mutually agreed upon agreement regarding the terms that will apply to the termination of their marriage. They will work with an impartial mediator to resolve their disputed issues. To succeed in divorce mediation, both parties must be open to the process. If one party is not willing to compromise, you will not be able to reach a mutual resolve your contested issues. Therefore, divorce mediation would not be appropriate in this instance.
Divorce mediation is inappropriate when the divorcing couple has a considerable power imbalance. This is often the case in situations with a history of domestic violence or sexual abuse. To succeed in divorce mediation, both parties must be able to express themselves to reach a fair agreement. If one party is in constant fear of further abuse or is being bullied into agreeing to specific unfair terms, mediation will not be possible. Moreover, mediation may not be a good option if one party has hidden assets in bad faith, has a severe substance abuse disorder, or is accused of child abuse.
What happens if you can’t reach a mutual agreement?
In some cases, despite your best effort, a mutual agreement regarding the terms that will apply to the termination of your marriage cannot be reached. When this is the case, you must undergo a trial where the judge will rule on critical issues such as child custody, child support, spousal support, property division, and other contested matters. Through litigation, the court will decide on your unresolved issues.
If a divorce is imminent, it is imperative to consider various divorce routes to determine which is best suited for your specific needs. For more information on divorce mediation, contact the dedicated legal team at The Pollack Law Firm today for quality legal counsel. Our firm is prepared to represent your interests today to help you reach a favorable outcome.