Choosing the correct route to a finalized divorce in Ohio can be confusing. First, there is the decision as to what type of action you need - legal separation, dissolution of marriage, divorce (contested), or annulment. Then, you may want to examine what kind of process you want to follow - litigation, collaboration or mediation.
Finding the right answer for you depends on the unique circumstances of your case, which is why we hold the view that it is important to work with a skilled attorney. By tapping into that experience, you can be more confident of the path you choose and that your rights have been protected. In this post, we hope to provide you insight into conditions many experts look for to decide if divorce mediation can be successful.
It depends on each person's character
One of the reasons you might be considering mediation as the means to obtaining your divorce could be that you expect it to be quicker and less costly than other processes. While that's possible, it isn't certain. For mediation to work, some experts look for the following:
- Absence of abuse. This includes physical abuse, but is not limited to that. If a spouse has a history of abusive behavior, physical, verbal or emotional, mediation probably won't succeed. An undercurrent of fear about possible future abuse has a way of stifling necessary openness.
- Self-confidence. Confidence in your ability to speak for yourself and be clear about your expectations is important. But you want to remain levelheaded through the process. Any question on that score might suggest value in seeking legal representation to make mediation work.
- Understanding. If you or your spouse is emotionally prickly and prone to bickering, communication will be a challenge. Failure to communicate can slow the process and increase costs. Mediation might be fruitless if you are not prepared to try to understand the other person's point of view.
- Trust. Equitable division of assets requires confidence that all assets are fully disclosed. If trust abides between you and your spouse, you may be able to conduct the review and accounting of all financial records necessary yourselves.
Ultimately, the key to mediation success is that both you and your spouse must be disposed emotionally and psychologically to resolving the issues as gracefully as possible.