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When mediation is not an appropriate option

When a Kentucky couple determines that their marriage cannot be saved, they will need to make a decision about how to go through the divorce process. For some, mediation offers advantages that are appealing as this method is less adversarial than a trial. However, mediation will not work for all couples.

In order for mediation to work, both individuals must be able to work together and want each other to come out of the divorce okay. This means that a person must be able to consider the other's point of view and listen to what he or she wants out of the divorce. This also means that a person will have to accept the other's view of reality, meaning that the experience the other person had while the marriage was ending may not be the same.

Mediation also requires both individuals to advocate for themselves. In abusive situations, for example, people may not be able to ensure that they are getting what they are entitled to out of the marriage by law. Finally, those who are in a hurry to get a divorce will not find mediation to be the best option as this method can take some time.

If a former couple finds that mediation is not a good option for their situation, there are other methods they can use to divide up their marital property or reach an agreement on child support and custody. For example, a couple may want their respective family law attorneys to take the lead in negotiating a comprehensive settlement agreement that can be submitted to the court for its approval.

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