One of the first, and often most important, decisions to make when getting a divorce is which legal process is right for your divorce. It is important to remember that although divorce is the end of a romantic relationship it also entails very specific legal steps akin to ending a contract.
Thankfully, there are options available and those going through a divorce can choose the one that works best for their situation. Two common options are mediation and litigation. Understanding the differences between these two paths can help you make an informed decision that suits your unique situation.
#1: Divorce mediation
In divorce mediation, a neutral third-party mediator facilitates a conversation between you and your spouse to reach a mutually acceptable agreement. This process is often less adversarial and more collaborative than litigation.
Pros:
- Less expensive than litigation
- Faster resolution than litigation
- More control over the outcome
- Less stress and conflict
Cons:
- May not be suitable for high-conflict or abusive relationships
- Requires cooperation and compromise from both parties
- May not be effective if one party has a significant power imbalance
During mediation, you and your spouse will meet with the mediator to discuss and resolve issues such as property division, child custody, and spousal support. The mediator will guide the conversation, helping to better ensure discussion of all necessary topics. Once an agreement is reached, it will be drafted into a legally binding document.
#2: Divorce litigation
In divorce litigation, you and your spouse will hire separate attorneys to represent your interests in court. This process can be more adversarial and formal than mediation.
Pros:
- May be necessary in high-conflict or abusive relationships
- Can provide a sense of vindication or justice
- Allows for a more formal and structured process
Cons:
- Often more expensive than mediation
- Can be a lengthy and emotionally draining process
- May result in an outcome that neither party is satisfied with
- During litigation, your attorney will prepare and present your case to a judge, who will make decisions on your behalf. This process can involve multiple court appearances, discovery, and potentially a trial.
Remember, choosing the right path for your divorce is an important first step. By understanding the differences between mediation and litigation, you can make an informed decision that sets you up for a brighter future.
If you are facing a divorce, do not hesitate to reach out to our experienced family law attorneys. Contact us through our website to schedule a consultation and take the first step towards a successful resolution.