In our blog series, Divorce vs. Mediation Explained, we are outlining the differences between two common separation processes: divorce and mediation.
We’ve covered the high-level differences between divorce and mediation, and we’ve also espoused the benefits of mediation for specific situations. As a review, mediation can be a better option if the following describe your situation:
While mediation can indeed be a lower stress and lower cost option, it’s not always the right answer for your situation. Consider the following reasons why a traditional divorce and working with a family law attorney might be the better decision for you.
Here, we don’t mean “competent” in the sense of successful or qualified. Instead, competence refers to whether or not your spouse is capable of making decisions that are in their self-interest.
Examples of a spouse who is deemed incompetent or incapacitated are:
The whole point of mediation is for both parties to come together and reach a mutually agreed upon resolution. If there’s any doubt that an individual can perform these responsibilities effectively, it makes sense to work with a family law attorney instead.
The last thing you want to do is get in a room with a person against whom you have a restraining order. In fact, this might be legally impossible.
In situations where abuse has transpired or you fear violence, the safest bet is to hire a family law attorney who can litigate on your behalf. Even if abuse or violence haven’t transpired explicitly, there might be a power imbalance at play.
If you fear your spouse will retaliate or otherwise punish you for telling the truth in mediation sessions, it behooves you to work with a divorce attorney instead.
What you don’t always hear about divorce is how complicated the financial assets distribution can be. It’s hard enough to disperse property, money, and debt. If you have any reason to believe your partner has significant assets or debt that they are hiding, mediation might not be the best option.
Meditation relies on a degree of honesty and transparency. In any case where you suspect your ex has undertaken shady business dealings or is hiding assets, going through the legal system is safer. That’s because attorneys and judges can mandate your ex release all necessary documentation.
It takes two parties to mediate. If your spouse, for whatever reason, decides that they do not want to participate in mediation, you have to respect this decision. In this situation, you should get recommendations and schedule consultations with family law attorneys on Long Island.
If your spouse is not available for mediation because they are incarcerated, you’ll most likely want a divorce lawyer.
In fact, incarceration is grounds for a different type of divorce proceeding in New York, so you’ll want to speak with a matrimonial attorney to learn more about this situation.
With more than 60 years of experience, the family law attorneys at Berger, Fischoff, Shumer, Wexler, and Goodman, LLP, can advocate on your behalf during your divorce. We know divorce is rarely a pleasant time, so we’re doubly committed to providing you the pragmatic, cost-effective, and compassionate service you need.
Our Long Island family law attorneys are available for free consultations, so be sure to contact us today at Berger, Fischoff, Shumer, Wexler, and Goodman, LLP.
Our full-service law firm also has robust real estate and bankruptcy practices, so consider Berger, Fischoff, Shumer, Wexler, and Goodman, LLP, for a range of legal services in Long Island.