Signs Your Partner Is Not A Candidate For Divorce Mediation

28 April 2020
 Categories: Law, Blog


Divorce mediation can save you a lot of money. Mediation can also help you maintain good relations with your partner during and after the divorce. Unfortunately, not everyone is a candidate for divorce mediation. For example, you should not attempt mediation if your partner fits any of the following categories.

An Abusive or Violent Partner

Divorce mediation requires you to sit down with your spouse and negotiate your divorce agreement. Violence or abuse disqualifies such an arrangement. In such a case, take your case to court and get the government's protection during the divorce process.

It doesn't matter whether the violence or abuse happened in the past or is ongoing. It also doesn't matter if the violence is perceived or real. You can't sit down and negotiate with your partner if you fear them. You won't be able to question their words or make your demands.

A Dishonest Partner

Mediation thrives on absolute honesty. You should be aware of the following for both you and your partner:

  • Income
  • Property ownership
  • Businesses

You can't compel your partner to disclose their business's income during mediation. Therefore, don't bother with mediation if your partner is hiding assets or lying in their disclosures. Go to court so that the court can order your partner to make the necessary disclosure.

An Unwilling Partner

In most states, you can divorce your partner even if they don't want to divorce you. You only need to cite irreconcilable differences as grounds for the divorce. However, divorcing an unwilling partner can only take place through the court process.

Divorce mediation requires support from both of you. You must be willing to divorce — even the mediator cannot force you to divorce. In fact, the mediator is not there to make decisions for you — their role is to facilitate the process.

An Uncompromising Partner

Divorce mediation involves negotiating with your partner to reach a compromise. Neither of you will walk out of the mediation process with everything you wanted from the beginning. You must know this and be willing to take compromises before opting for mediation. For example, you won't get anywhere with the mediation if your partner wants full custody of the child and they can't budge from that position.

Fortunately, you don't need mediation to divorce — many people have successfully divorced via litigation. Consult a divorce attorney and explain your circumstances candidly. The attorney will review your case and advise you on the type of divorce best for you.

To learn more, contact a resource like Cooper Levenson Attorneys At Law