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When divorce mediation fails

On Behalf of | Nov 10, 2021 | Divorce

While divorce is a difficult process, most cases in Kentucky never make it to trial because parties can settle property division and child custody matters outside of court.

The process is most effective when spouses are cooperative, but if the divorce is contentious, then even a skilled mediator may not be able to help you resolve tough issues.

The discovery process

When mediation fails and you cannot reach a settlement agreement, decisions about asset division and parenting time fall to a judge. Facts gathered in the discovery period will serve as the foundation for your argument at trial. You want the best settlement you can get, so you will use the pre-trial phase to collect as much financial information as you can.

The cost of going to court

When a trial date is set, you may finally see the light at the end of the tunnel. However, due to court calendars, presentation of evidence, witness testimony and various motions, a divorce case can take months or years to resolve. Filing fees and court costs add up quickly, and until your divorce is final, your life revolves around the courthouse.

The emotional impact

Divorce affects everyone differently. You may feel relieved to be ending your marriage and still experience anxiety, stress and exhaustion over the legal process. You may also notice your children suffering from the negative effects of your split. Prioritizing self-care and learning important coping tools can help you all get through this tough time.

If you must argue your divorce case before a judge, understanding the process is necessary to protect your rights and ensure a fair settlement.