People receive a flood of information about divorce through popular media. What you see is usually a representation of emotional, combative and divisive situations.
Furthermore, you often see claims that moderately wealthy families nearly always fight over divorce. We are here to tell you that there is nearly always a better way.
We often provide mediation services for our divorce clients. This technique typically works for people who want to strike a balance. It pairs protection of personal interests with privacy and efficiency.
In mediation, both sides typically retain counsel. A neutral third party relays offers, statements and generally facilitates the discussion. For example, you and your spouse could stay in separate rooms with your respective lawyers while the mediator goes back and forth between you.
Your mediator would be neutral but could still contribute to the discussion. Great mediators often have the following attributes:
- Communication skills
- Technical legal knowledge
If you make a great deal of money, have significant retirement assets or if you believe you might have more to protect than average, then you could potentially find yourself drawn to the formal setting of court. In fact, we find that very few cases benefit more from an open trial then they do from quality mediation.
There are a number of reasons for this. For example, insisting on formal proceedings often makes the other party even less cooperative and forthcoming. Additionally, a trial would not absolutely compel your spouse to reveal assets, abandon dubious claims or cease other potentially unethical behavior — court oversight simply increases the possibility for consequences, should that behavior come to light.
As a final note, trials tend to be less efficient — meaning that they could take longer and demand more legal services —than mediated divorces. Make sure any legal opinion you receive serves your best interests.