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When Do you Need to Hire a Divorce Litigator?

Albuquerque couples who are going through divorce have many choices. For example, they may consider participating in divorce mediation. Although many couples may consider this tactic in an attempt to reach an amicable decision, divorce attorneys and mediators have compiled a list of situations in which pursuing mediation may not be in their best interests.

One time when divorce mediation may not be the best answer is when one spouse has more money or a much larger income than the other spouse. This can create a sense of imbalance and the wealthier spouse may take advantage of his or her higher degree of power. Another similar situation that may arise that does not warrant divorce mediation is when one spouse is not knowledgeable about money and basic finances. Spouses who have a lot of assets may run into similar problems of divorce mediation not being productive.

Traits of the other spouse can also affect whether mediation is worthwhile. For example, if one spouse is a bully, it may not be in the other spouse's best interest to subject himself or herself to this situation. An untrustworthy spouse who is hiding assets is also not a good candidate for a mediation partner. Certainly a dangerous spouse is not one who can be trusted to reach an amicable decision or follow through with an agreement. A spouse with an ulterior motive who wants to prolong the divorce process for some reason may also be a poor candidate for divorce mediation.

Couples who wish to reach an amicable decision may benefit from mediation. Others may prefer a more adversary approach. Albuquerque family law attorneys may be experienced with negotiation and may be able to recommend when negotiation is a viable option. Going through mediation still allows each spouse to seek separate legal counsel before making any binding agreements.

Source:, "When Do you Need to Hire a Divorce Litigator?", Elise Pettus, May 09, 2013