Home > Research Legal Advice > Divorce / Separation > Is it better to go to trial rather than agree in mediation for a short m...
Asked about 1 year ago - Sedro Woolley, WA
FlagThe marrage lasted just over a month in Wa. She quit her job to travel with me while I worked, and sold her truck as I have vehicles. Shes asking for a vehicle and maintence, along with both car and medical insurance also looking to get relocated as she rented her residence out upon moving in with me?
It depends how much she is willing to accept in the mediation. What she is presently asking for may be quite different than what she is willing to accept in mediation. That is especially due to the influence of the mediator. The mediator is likely to tell her that ordinarily the court will not order maintenance in a short marriage (in this case, VERY short). Or if it did, it would be for a short period. So she may accept something less than her asking number.
On the other hand, you should know that spousal maintenance in a court order (presumably, the agreed final decree which results from the mediation) is tax deductible to the payer, and taxable income to the recipient. So it's not all bad.
If you are able to reach agreement in mediation, be sure that at least the main points are in writing and signed by both parties. Otherwise, the agreements are not admissible (Superior Court Civil Rule 2A.)
Avoid trial if possible. It's really expensive, and often produces surprising results.
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