Additional Information: My wife doesn’t seem to want to get the process started so if I initiate and file for divorce does that require court or can I still use a mediator and does it force a time frame to start and resolve the divorce?

Answer:

You can certainly file for divorce and still use the mediation process. When a divorce is filed there is still a 6 month wait before a pre trial conference so there is plenty of time to work out an agreement. The filing does cause a clock to start so there is a timeframe, but realistically it is quite long and can become quite delayed. The idea of speaking to your wife about the additional costs and time that would be involved if she isn’t willing to participate in the process may give her some motivation. Also, you might suggest that she call a mediator to get an idea of the process herself and to hear that it will deal with her concerns as well. It doesn’t necessarily have to move at the fast pace that you are looking for or the slower pace that she is but a timeframe that would accommodate both of you.