Most spouses going through a divorce are able to avoid costly and time-consuming litigation through the use of methods like mediation, attorney-facilitated negotiation, or collaborative divorce. Alternative dispute resolution tends to work very well when the divorce is amicable, but it can also work for spouses who are not getting along. It is possible for spouses to settle their divorce out of court without even needing to be in the same room. These alternative routes to divorce have become popular because they can speed up the divorce process, save both parties money, and lessen the impact of any conflict for children of the marriage. However, there are times when these types of methods simply do not work. If you have any concerns about whether litigation might be necessary in your case, let your attorney know so they can plan accordingly.
3 Reasons Alternative Divorce Might Not Work for You
A lot of people are initially leery about whether an alternative path to divorce will work for them. These methods require both spouses to participate in good faith. You will need to consider whether your spouse is truly the type of person who cannot be reasoned with, or whether you are simply in conflict with them at this time. Even if there are a lot of hurt feelings involved, mediation or negotiation may still be workable options. However, your attorney may suggest that you not even attempt these methods in cases like:
- Missing spouse – If your spouse simply walked out on you and you are not able to easily locate them, it is not likely that they will respond to your attempts to summon them for mediation. Do not worry – a judge can still grant you your divorce whether your spouse turns up or not.
- Serious abuse – Abusers are not well-known for their ability to calmly sit down and reach a fair compromise. You may be better off planning to take them to court from the start. This may be especially true if your children are victims as well and your spouse insists on pursuing custody.
- Addiction or mental illness – One spouse’s drug addiction, alcohol abuse, or mental illness often prompts the other to seek a divorce. It can be extraordinarily difficult to get someone who is frequently intoxicated or suffering from a severe mental illness to show up for mediation or respond to their attorney’s phone calls so that meaningful negotiations can take place.
It is important to discuss all your options with an experienced attorney.
Contact a DuPage County Divorce Attorney
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Source:
https://lifehacker.com/8-signs-you-should-skip-mediation-and-head-straight-for-1796452292