On behalf of Musselwhite, Meinhart & Staples on Monday, June 18, 2018.Much of the process of legally separating and divorcing in Kentucky is a waiting game, especially if you have minor children. The family law system wants to provide enough time for spouses to cool off and consider the impact of a divorce. While some people do reconcile during those waiting periods, many others still proceed with their divorces.
During that time, your relationship with your spouse can rapidly devolve into something contentious. You may find yourselves unable to agree on even the simplest things. In these situations, it may seem inevitable that you’re headed to a drawn-out court battle to determine the terms of child custody and property settlements. However, you should know that there are alternatives to divorce that can help you find workable solutions.
Mediation can help you compromise
For many couples in Kentucky facing divorce, divorce mediation could be an ideal solution. Instead of heading to court, where everything you and your spouse say about one another becomes public record, you can keep things private by choosing mediation. You also have more control over the outcome, as you, not a judge, can decide the terms of your divorce.
Even if you and your ex can’t stand to be in the same room, mediation can still work. As long as you’re both willing to compromise a little, you can save yourselves thousands of dollars and many hours of frustration by settling on terms that work for both of you. The mediator can move back and forth between you and your attorney and your ex and his or her attorney, countering requests and suggesting ways to find solutions that wors for everyone.
Mediation is faster and cheaper than divorce
Going through a litigated divorce is stressful. You won’t have any idea about how the judge will allocate parental responsibilities or the assets and debts from your marriage. You will also pay court costs and attorney’s fees for every day that you’re in court. Compared to those costs, the cost of working with a mediator can be much more affordable. You also likely won’t spend as many days in mediation as you might in court.
Of course, the downside to this approach is that you may not reach a compromise with your ex during mediation. If you simply can’t reach accord, you’ll have to head to divorce court anyway.
You should spend some time reflecting on whether you and your ex can compromise and work together before committing to or suggesting mediation as a solution in your upcoming divorce. If both you and your ex commit to making it work, however, mediation could be a faster and cheaper solution for ending your marriage.