What Is Mediation? Why Should Someone Hire An Attorney In A Divorce Case?

If Someone Cannot Afford A Divorce Attorney Because The Other Spouse Controls All The Finances, Are There Ways That People Can Get Around That And Be Able To Afford An Experienced Attorney?

If people don’t have any access to money or credit cards, they usually will ask relatives to pay with their credit card and reimburse them in the future, they’ll make their payments; or ask relatives or friends to loan them money. Once the divorce is started, your attorney can go in and file a motion for attorney’s fees.

Is It Ever Legally Possible To Demand Or Request That Either The Spouse Pays For The Divorce, Or You Can Legally Take Half Of The Fees Out Of Your Joint Bank Account?

Yes. You can file a motion for attorney’s fees and the judge can order their spouse to pay all or some of your attorney’s fees, or order you to be able to take excess funds to be able to pay your attorney’s fees.

A lot of people take loans from their 401(k)’s also. You’re allowed to take loans from your 401(k) or cash out your 401(k) in order to pay your lawyer’s fees.

Is Mediation Less Costly Than An Actual Divorce?

Usually, yes. Because they’re usually using one person to do everything instead of paying two separate lawyers. And usually if you’re not fighting, it costs a lot less than having two attorneys fight and spend a lot of time in court.

Does Attorney David Volman Handle Mediations?

Yes. The easiest way to get a divorce is to use a mediator. A mediator can be a lawyer or it doesn’t have to be a lawyer. Attorney David Volman helps as a mediator because he’s a lawyer and he prepares the papers; he doesn’t represent either party and he conducts the mediation to try to get an agreement on the law matters and then he goes to the court with the parties to make sure that everything is done as they wanted to be done.

It’s much better to agree on how you’re going to divide up your assets and dissolve your marriage than to let a third party, a judge, who doesn’t know anything about you; or two attorneys who might have problems with each other to determine what’s going to happen for the rest of your life with your assets and your visitation and your custody and alimony and all of the other aspects of a divorce.

How Long Does The Mediation Process Typically Take In Comparison To A Divorce Where There Are Relatively Few Complications?

You can’t get divorced until 90 days are passed but usually if you don’t mediate it, have an agreement, you’ll not get divorced on the 91st day. It will take you much longer. Therefore, the mediation process is a lot easier.

Is Mediation Recommended If You Have Two Spouses That Are Sparring Quite A Bit Or Do You Have To Generally Be Amicable In The Situation In Order For Mediation To Work?

In order for mediation to work, you can’t really have one person who is trying to control everything or who is against the reality of the situation in Connecticut where all assets basically are divided equally between the parties that were acquired during the marriage.

What’s The Difference Between Uncontested Divorce And Mediation?

A mediation results in uncontested divorce. And so an uncontested divorce without a mediation means that it was worked out with one or two attorneys.

When It Comes To Divorce Or Mediation, Out Of Country Or Out Of State Marriages, Can You Still Get Divorced In Your Home State Or Do You Have To Have A Divorce Filed In A Country Or State Where The Marriage Took Place?

No. It does not matter where you got married. What matters is that you live in the state of Connecticut for at least one year prior to filing the complaint; or one year when the divorce finally is finalized. So, the only jurisdictional requirement is that you be in Connecticut for one year prior to starting the divorce or one year for when the divorce is finalized. It does not matter where in the world you were married.

If you need information regarding Mediation In A Divorce, call the law office of Attorney David Volman for a free initial consultation at (203) 929-7771 and get the information and legal answers you’re seeking.