Pros and cons of mediation during divorce

The idea of hiring a divorce attorney at the first hint of separation is tempting, but it can be costly. In some cases, a wiser strategy can be to opt for mediation. A professional mediator is often well versed with divorce and family law. His or her job is to help the husband and wife come to an agreement that is acceptable to both parties. A professional mediator can also assist resolution once divorce proceedings have begun. The option of mediation is attractive for many reasons not least of which is because it usually costs less. Mediation is also often a faster alternative to protracted litigation. Mediation is not without limitations however. This blog looks at the pros and cons of opting for mediation during a divorce:

Pros

Here are the advantages of mediation:

• Peace of mind as mediation of your divorce is usually more peaceful and less contentious.
• Faster agreements
• Less expensive
• Easier on children
• Greater chances of a better long-term relationship between spouses. This is particularly important if children are involved.
• More privacy as everything that goes on in mediation is protected by the confidential mediation privilege and not part of the public record or even admissible in court.
• More control because it is you making decisions, not the judge

Cons

As stated previously, mediation is not a silver bullet that will solve all your divorce issues immediately. When you opt for mediation, keep these facts in mind:

• You could end up wasting time and money if you and your spouse fail to reach an agreement.
• The agreement can be unfavorable to you if the mediator is biased toward your spouse.
• The agreement arising out of mediation may not enforceable as it can be challenged in court.
• The Court has the final say if a disagreement arises after mediation.
• There is a lesser chance of uncovering assets if one of the spouses is intent on hiding some or all of his or her assets.
• Mediation may not be as helpful in cases where one spouse is more domineering and the other spouse is more deferential.

Mediation is often a less contentious, expensive, and more peaceful way to obtain a divorce or resolve ongoing divorce proceedings before things spiral out of control. However it is not a silver bullet. It has its pros and cons. Therefore, choose wisely.

Three legal rights women have during divorce

Laws concerning dissolution of marriages are complex and vary between states. If you are a woman considering a divorce, consult an attorney who is aware of the family laws of your state. For instance, if you live in California, it is critical to find a California family law attorney, or a divorce attorney from Los Angeles whose expertise lies in divorce.  It is not advisable to partake in DIY (do-it-yourself) divorces, or accept counsel from the lawyer of your husband. Having your own attorney is crucial to protect your rights and minimize the financial and emotional burden. A lawyer can make you aware of your rights and present convincing arguments in your favor in court.

Although a lawyer is your best guide during your divorce, you can make his or her job easier if you educate yourself. This blog sets you on the path to learning that will go a long way to assist you during your divorce. It lists three legal rights you, as a woman, have during divorce: 

• Equal property rights

Courts recognize that the property claims of a husband and a wife are equally valid. As a woman, you have a right to 50 percent of all the property you acquired jointly with your husband during your marriage.

• Separate property

There are products and items that you use as a woman. These may include jewelry, clothes, and even your car. In many instances, this property remains yours after a divorce , particularly, if it was acquired prior to your marriage or was a gift. However, if these items were acquired during your marriage, courts sometimes order women to liquidate their precious items - diamond jewelry – and either divide the proceeds equally with their husband.

• Right to discovery

Division of assets is usually the most critical part of a divorce case. However, some husbands do not participate in the process honestly. They try to hide their assets. As a woman, you have a right to use all legal means - including orders from court - to force your husband to disclose all his assets for their honest and rightful division.