Limitations in Divorce Mediation – When Mediation is Not Appropriate for an Illinois Divorce

Wheaton divorce mediation lawyersDivorce mediation offers couples the opportunity to end their marriage in a faster, more cost-effective way – but it is not the right path for every divorce. In fact, there are certain situations in which mediation is highly discouraged. Learn more about when litigation is preferred over a mediated divorce, and discover how a seasoned divorce lawyer can protect your best interests in an Illinois divorce, regardless of which divorce method you pursue.

Contentious Divorce Proceedings 

In mediation, parties must be willing to negotiate in good faith. For some, this may seem like an impossible task. Still, even the most contentious of marriages can go through mediation – so long as the parties can set aside their differences long enough and well enough to come up with a compromise. If either party is unwilling or incapable of doing so, litigation may ultimately be the best route to divorce. You can still try mediation, however. Just know that the case will go to litigation if mediation efforts fail.

Asset Hiding and Asset Dissipation 

Asset hiding (hiding marital assets from a spouse during divorce) and asset dissipation (intentionally spending and dissolving marital funds) are most commonly seen in high net worth divorce cases and divorces that involve a business. They can be seen in other types of divorce cases, however. Parties who suspect that a spouse is hiding or spending money are encouraged to take swift and aggressive action in their cases; contact a divorce lawyer to discuss your options.

Violent or Abusive Marriages 

Marriages that involve an element of violence or abuse (financial, emotional, sexual, or physical) are not typically considered suitable for mediation, as these marriages often have an imbalance of power and control. While security measures can be put into place for a mediation, the victimized party may be too afraid to defend their own rights, or they may simply allow the abuser to have what they want to avoid further conflict. Unfortunately, it is also the victims who ultimately suffer after the divorce proceedings have ended. They are also at risk for further abuse until the divorce has been finalized (and sometimes even after). For this reason, it is highly recommended that victims of abuse contact a seasoned divorce lawyer to discuss what actions can be taken to protect one’s safety and right to a fair share of their marital assets.

Contact Our Wheaton Divorce Lawyers

At Stock, Carlson, Oldfield & McGrath, LLC, we recognize that every divorce case is unique, and we treat them as such. Dedicated to protecting your best interests, our DuPage County divorce lawyers can examine your situation and assist you in determining which divorce path may be most appropriate for your case. Schedule your personalized consultation by calling 630-665-2500 today.

Sources:

https://www.ncjrs.gov/pdffiles1/nij/grants/164658.pdf

https://www.forbes.com/sites/jefflanders/2014/09/04/why-a-forensic-accountant-belongs-on-your-divorce-team/#258560dc718a

 

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