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  • Super Lawyers | Rising Stars

3 times when divorce mediation might be a bad idea

On Behalf of | May 13, 2022 | Divorce

Deciding to divorce your spouse oftentimes comes at the end of many difficult attempts to work things out. It may feel like the worst is over once you get the words out of your mouth. Unfortunately, that isnʻt always the case. 

Finalizing the divorce and any property division, child custody agreements or other actions that take place as a result. Divorce mediation can be a less expensive, faster solution than a traditional divorce, but it is more geared toward couples who can amicably negotiate the terms of the post-divorce decree. 

Choosing a litigated divorce may be a better choice

Divorce mediation relies on the willingness of both parties to come to the table and negotiate reasonably and respectfully with one another. Oftentimes, you will still have an attorney with you, but the proceedings will be much more informal. While emotions still may rise, the neutral, third-party mediator will insist that both of you stay focused. 

Here are three times that mediation might not be the right move:

  • There is a risk of your spouse hiding assets: If you are in a high-asset situation and youʻre concerned that your spouse has concealed assets, you may end up disadvantaged when negotiating property division.
  • Your spouse has a history of abusive or bullying behavior: In these circumstances, you may not have the ability to negotiate a fair settlement because these factors wonʻt come under consideration.
  • Your spouse refuses to negotiate. If your spouse walks in with a list of demands and won’t budge – or refuses to even participate in good-faith negotiations, they may just be dragging the process along to humiliate, harass or manipulate you. Litigation may actually be easier.

After considering the unique circumstances of your relationship with your spouse, you may find it in your familyʻs best interest to proceed with a litigated divorce.