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Is it better to go to trial rather than agree in mediation for a short marrage where one party is asking for maintence etc?

Asked about 1 year ago - Sedro Woolley, WA

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The 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?

Attorney answers (3)

  1. Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered May 01, 2012 09:43. It's always better to come to an agreement if you believe what agree to in mediation is greater than or equal to what a Judge might order at trial. Trials are uncertain animals that produce uncertain results -- a gamble, especially if you are not represented by counsel.

    The information is for general information purposes only. Nothing stated above should be taken as legal advice for... more
  2. Contributor Level 14

    2

    Lawyers agree

    Answered May 02, 2012 13:26. 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.

    Legal disclaimer: [In accordance with the Avvo community guidelines, this communication does not constitute "legal... more
  3. Contributor Level 17

    Answered May 02, 2012 12:48. Settlement is always the preferred result, but your facts should be discussed with a local divorce attorney.

    Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal... more

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