When mediation will not work for a divorcing couple

On behalf of Stange Law Firm, PC posted in Family Law on Tuesday, August 15, 2017.

For some Missouri couples whose marriages are coming to an end, getting a divorce through mediation instead of battling the case out in court is appealing. For example, mediation is usually more affordable than litigation and it allows the couple to work together to reach an agreement instead of putting the ultimate decision in the hands of the judge. However, mediation is not for everyone, especially if the couple has a violent history.

When going through the mediation process, both individuals have to be able to advocate for themselves to the neutral trained third party. This can be difficult if not impossible if the relationship was violent or abusive. An abusive person often uses manipulation or threats, and this usually is not in the best interests of the other person.

In the event that there was a huge amount of conflict when making the decision to get a divorce, some couples simply may not want to go through mediation. The mediator cannot order anyone to do anything, so a person could use the process as a way to prevent paying child support or prevent the other person from moving on. Going through a traditional divorce, which could include litigation, usually means that the process is consistently moving forward.

No matter how an estranged couple wants to dissolve their marriage, knowing what rights they have and what they are legally entitled to out of their marriage is extremely important. For example, some individuals may be eligible to receive spousal support especially if they put their own career on hold to raise the children. A family law attorney may assist with determining what assets will need to be divided and work to reach a divorce settlement agreement as quickly as possible.

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