While divorce may seem as simple as signing a paper, the process is much more complicated. There are many steps needed to finalize the dissolution of your marriage, from filing the divorce to the discovery process, which can be mentally exhausting. If you want to avoid more stress, opting for mediation instead of court proceedings is an ideal alternate option. However, there are many divorce mediation myths, which may make you hesitant to try it. Luckily, you can debunk the most common misconceptions while learning why divorce attorneys in Nassau County are right for you.
What Are the Most Common Divorce Mediation Myths?
Before learning the most common myths, it’s imperative to understand that while mediation is a great option, it might not be for everyone. Like any other process, what works for some may not work for all. However, learning the truth behind the most common misconceptions allows you and your spouse to make the decision that works best for your circumstances.
Myth: Mediation Is Only for Couples Looking To Reconcile
One of the most common misconceptions is that mediation is similar to counseling due to the more private setting. Similarly, there is family mediation, which can be used to address various forms of conflict. However, they are far comparable, as mediation sessions are designed to settle divorce disputes, while counseling focuses on the relationship.
Your mediator is not interested in fixing your relationship or offering couple’s advice. They are strictly there to ensure that the conversation around your differences is productive and civil. Similarly, they explain the law without offering advice or guidance.
Myth: The Mediator Will Make the Decisions
Many people avoid mediation based on the common misconception that the mediation will make the final decision regarding the settlement. However, this is not the case. The mediator is not allowed to provide input or offer any unbiased information. They explain the law in the most basic terms, allowing you and your spouse to make the decision.
This is essential, as it allows you and your partners to dictate the terms of your divorce settlement, which is why many opt for mediation. Because you and your spouse are listening to each other’s thoughts and input, you can work out a better deal. If you go to court, the judge will not know the extent of the details, which could leave you with a subpar divorce settlement.
Myth: You Don’t Need a Lawyer for Divorce Mediation
While you technically don’t need a lawyer to go through mediation with your spouse, it’s highly recommended that you have an attorney present before signing the agreement. This is one of the most common divorce mediation myths, as there is nothing that bars you from hiring a lawyer. In many instances, you may not fully understand the terms you agree to. This can leave you unhappy and feeling duped by your deal.
Instead, retaining the help of a lawyer can ensure you fully understand what you’re agreeing to, as they can explain the legal jargon that may arise during mediation sessions.
If you’re entering mediation, ensuring you have a competent lawyer present is crucial to protecting your best interest. Don’t wait until it’s too late to contact Barrows Levy PLLC to help you navigate your divorce.
