Divorce

[David Danielson]

What is the name of your state (only U.S. law)?
Greensboro, NC
My wife and I must go to mediation before we can finalize the financial part of our divorce. She now says she can not go. She can not afford it. How many time can she do this? Nothing will be mediated anyway. It will not resolve anything. Can I ask a judge to go forward without a mediation? This is a delaying tactic I'm sure.

[tuffbrk]

Can you afford the mediator? If so see if your STBX will agree to reimbursing you "her" half out of the distribution of assets in the divorce.

P.S. Please remove your last name - give yourself a new username...

[mistoffolees]

Originally Posted by David Danielson

What is the name of your state (only U.S. law)?
Greensboro, NC
My wife and I must go to mediation before we can finalize the financial part of our divorce. She now says she can not go. She can not afford it. How many time can she do this? Nothing will be mediated anyway. It will not resolve anything. Can I ask a judge to go forward without a mediation? This is a delaying tactic I'm sure.

If the court ordered mediation, you need to go through mediation. Of course, there's always the possibility that it doesn't result in an agreement, but you must do it, anyway.

What does the court order say about who pays? If it says you must both pay, then you could file for contempt if she refuses to pay. If it doesn't say who pays, then you can pay it and then ask the court to take her half out of her property settlement.

Your stbx will find that mediation is far less expensive than trying to litigate the issues.

[tuffbrk]

Doesn't sound as if he is willing to be flexible or perhaps he is presuming that his STBX won't be flexible.

What the OP - and any other readers - need to know is that most skilled mediators can resolve at least some, if not all, issues. Even if they resolved only half of the issues, that only leaves the remainder to be addressed at trial. Either way, it is worth the time and money (IMHO).