Has anyone dealt with something like this? I'm not sure what my options are.
divorce mediation vs litigation. I've been dealing with this for about 10 weeks now and the situation isn't improving.
I have already consulted briefly with a lawyer but got conflicting advice.
What are my legal options here? Is it worth pursuing?
This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.
Licensed attorney — a few thoughts. Here's my take on the legal issues.
Based on what you've described, you likely have a viable claim under the relevant statute. The standard is whether a reasonable person would find the conduct actionable.
The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.
Been there. Here's what I learned.
In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.
Certified family mediator and former family law attorney here. The mediation vs. litigation question is one I get asked daily, and the honest answer is that it depends on your specific circumstances -- but mediation should almost always be tried first.
Here is a realistic comparison based on hundreds of cases I have handled:
That said, mediation is NOT appropriate in every case. If there is domestic violence, substance abuse, significant power imbalances, or if one party is hiding assets, litigation with full discovery powers may be necessary. Also, if your spouse has hired an aggressive attorney who refuses to negotiate in good faith, mediation will likely fail.
Regarding child support specifically: most states use a formulaic calculation based on income, custody percentage, and certain allowed deductions. There is less room to negotiate child support than property division, because courts will not approve agreements that deviate significantly from the guidelines unless there is a compelling reason.
My recommendation: start with mediation. If it does not work after 2-3 sessions, you can always switch to litigation. You cannot switch from litigation back to a collaborative process once the adversarial dynamic is established.