Divorce:What You Want;What You need/Martin Rosenfeld, JD

Posted on September 14, 2014


There was a recent article about a power couple in the DC area, Heather and Tony Podesta, who concluded their divorce proceedings. The wife had wanted the 3.9 million dollar marital home and she did not get it. She wanted a European home in Venice and was likewise denied this award. But don’t worry for Ms. Podesta. She did get to retain ownership over an 8-bedroom mansion.

In a divorce battle, the wants often far outstrip the needs. Most of us could live comfortably in a home with 8 bedrooms. But if we can get it all, the smart money says “Go for it”. However what we want may not be remotely related to what we need. Is it truly worth fighting over every item on the list when wisdom tells us we will not get it all, anyway. Few attorneys will tell a client not to fight for something. Mediation provides us with some caution. There is a price to pay with wanting it all, fighting for it all, and then being denied. The price to pay is often exacted from one’s soul. Consider mediation if you are one of the lucky individuals that feels you don’t have to have it all. Mediate don’t litigate.