When Is Non-Attorney Divorce Mediation A Good Choice?

13 July 2023
 Categories: , Blog

An old maxim in the legal profession is that the lawyers are the only winners in hotly contested divorces. Fortunately, divorce mediation without a lawyer might be an option for you. It can be the right choice for people in the following three circumstances.

Little or Nothing at Stake

People picture divorce the way it appears in the media. A former couple is fighting over custody of their kids, possession of the house, and who gets the dog. That sort of divorce happens. However, many couples never have kids or buy significant property together. These folks might not have anything worth fighting over at the end of the marriage.

If there isn't anything worthy of a legal battle, then you ought to save some money with non-attorney divorce mediation. Additionally, it can speed up the process because you and your ex shouldn't have a lot to hash out. You can agree to end the marriage and have one of your file the suit with the family court to terminate it. A family court judge will still review the terms to make sure that nothing too bad is in the agreement.

Power Balance

Non-attorney divorce mediation generally works when there isn't a noticeable power imbalance in the marriage. If both of the former partners are financially independent, they may have little interest in fighting over the marital assets. Mostly, they'll want to make sure that they come away with valued items like family heirlooms and personal collectibles.

Notably, some folks may need counsel. Suppose one partner was financially dependent because of a serious medical condition. They may need to fight for significant and prolonged spousal support. The other person might not be thrilled to provide alimony.

Significant Agreement

Even if there are some legal issues at stake in the case, you and your former partner may still agree significantly on what you want post-marriage. An ex-couple might be prepared for a co-parenting arrangement. Consequently, they just need to negotiate sensible terms and put them on paper. In that scenario, divorce mediation can save time, money, and aggravation. You can meet, work with the negotiator, and put your agreement into writing without a fight.

This also works well if there's a pre-nuptial agreement in place and both sides are comfortable abiding by it. Effectively, the mediator confirms that both sides are happy to conform to the original agreement. They can translate the pre-marital contract into a divorce settlement without legal wrangling.

For more information on divorce mediation, contact a professional near you.