Reasons Why Using Alternative Methods To Settle A Family Law Matter Might Not Work For You

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You may be going through a divorce and would like to try to avoid taking it to the courts if possible. For some people, using arbitration or a mediator to settle the separation of property and resolving child custody issues can work for them, for others, it can lead to more problems. 

If you are considering using alternative methods for handling your family law matters such as a divorce or child custody, here are some reasons why it might not work for you and to consider using a lawyer instead.

No Access To A Judge Or Legal Counsel

While using alternative methods works for those with little to no issues in family law matters like a divorce, even those who agree on most everything may find themselves hard-pressed to agree on every issue. This is where a settlement can get stalled with not many avenues to resolve it.

When you use a mediator to help you settle your family law issues before you file with the courts, you don't have access to a judge if you need a definitive decision on an important matter. This could include child custody issues where one parent won't allow as much access to the child as they could be entitled to, or how much child support needs to be paid during this time. When there is no judge present, there is no legal obligation to make the parent with primary custody of the child allow the other parent to see them more often.

Also, you won't have access to any legal counsel to help you ensure your rights are protected. A lawyer can help you negotiate a fair settlement and custody arrangement before you file with the courts.

You Don't Get Full Disclosure Of The Other Party's Finances

If you have been separated for a while, you may no longer know everything about your former spouse's income potential or how much they have saved during that time.

If you are going by what you know to be true from the time you separated and are using a mediator to work out your divorce agreement, you won't legally get full disclosure of their finances. This means they can potentially hide any new income or inheritance they received from you during this time.

Instead, using a family law attorney and working through the courts gives you the safety of each party having to fully disclose any and all finances to each other. This can create a fair environment where the divorce agreement gives each spouse equal share of the property and any alimony or child support paid is correct.

To find out more, consult a family law attorney


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