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Is Divorce Mediation Always Possible?

The divorce mediation process can be helpful to many couples, but it is not designed for everyone. If the conditions are not right and something is preventing the couple from coming together to negotiate, another path forward may have to be chosen. Our Morristown divorce mediation lawyers can take a look at your situation and figure out the best way to advocate for you and protect your interests.

How Can Divorce Mediation Help?

In divorce mediation, you and your spouse come to the table and start to talk about what you want out of a divorce agreement. A neutral mediator is there to answer questions and they can step in to help solve disputes. Mediation can cover all sorts of topics relating to your divorce and how you will behave after the agreement has been finalized. Topics discussed in divorce mediation sessions can include:

  • Property division, or who gets marital property like the cars or the family home
  • Child support
  • Alimony or spousal support
  • Child custody and visitation schedules

So mediation can be used to address a wide variety of issues without the need for more expensive litigation or all of that time spent in court. If you and your spouse can be civil and focus on getting things done in these meetings, you can make a ton of progress.

Can I Use Mediation After the Divorce?

This can even be a good option after a divorce. Sometimes situations change, and one parent might think that it is time for an adjustment to certain portions of the original agreement. If you want to talk about alimony or child visitation again, you can ask your former spouse about scheduling some mediation sessions. If they do not want to go through this again or the two of you are unable to successfully modify an agreement, then you may need to go back to court.

When is Divorce Mediation a Bad Fit for a Couple?

While divorce mediation can be successful in many circumstances, there are times when it would be a bad fit for the couple. The appeal of mediation is that both parties can come to the table on equal footing and discuss their issues. If there is a big power imbalance between two spouses, one could be taken advantage of during the mediation process.

This is why mediation is generally not a good idea for couples if there has been a history of domestic abuse or if anyone has been accused of hiding assets. The process just is not going to work without some baseline of trust.

Contact Our Law Firm Today

If you are filing for divorce, you need a staunch advocate on your side, someone who is familiar with the legal system and ready to help you fight for the best possible outcomes. So contact Townsend, Tomaio & Newmark and schedule an appointment with our team today. We would be happy to tell you more about your options and what one of our attorneys can do to assist you.