Rhode Island couples often consider alternatives to litigation, such as mediation, when it comes to ending their marriage. However, there are situations in which it will be necessary to seek out the services of an attorney to ensure that one's rights and interests are being protected.
In order for mediation to be effective, it is necessary that both parties are willing to compromise so that they are content with the agreements that are made. If one party has no concern for the other's well-being and has no intention to at least listen to the other party's opinion, other means of obtaining a divorce should be pursued.
Individuals should also obtain legal representation for a divorce if one party is unwilling to acknowledge that the other party may have experienced the same events differently. It can be difficult to engage in a discussion or attempt to resolve issues with the other party if they believe that they are right and the other party is wrong.
Individuals who believe that they are not able to advocate on their own behalf may be better served not engaging in mediation to resolve their divorce issues. They may accept unreasonable demands or agree to terms that are not in the best interests of themselves or their children. Marriages in which there was an aspect of violence are not the ideal situations for mediation. Abusive partners typically lack the empathy required to consider the perspective of the other party.
A divorce attorney may evaluate the factors surrounding a divorce case and advise clients of the appropriate legal strategies to pursue to protect their rights and obtain desired settlement terms. The attorney may litigate to protect the interest of clients regarding the applicable legal issues if negotiations prove to be fruitless.