Mediation vs Divorce Court: Which Is Right for Your Situation?
Divorce
If you have recently realized that you and your spouse are going to be separating, then there are some important decisions that you will need to make in the coming weeks.
While a divorce is never going to be easy, there are a few steps that you can take to ensure that the entire process remains as smooth and stress-free as possible.
Where to Start
As soon as you notice that a divorce could be on the horizon, it is time to start making plans.
The very first thing that you must do is collect as much information as possible on all of your assets, and that includes homes, vehicles, businesses, bank accounts, and retirement accounts.
That type of information is going to be invaluable when it comes time to go through mediation or head to court.
Benefits of Working With a Professional
Divorces are more common than most people realize, and those separations can become convoluted in the blink of an eye.
Even if you think that you and your spouse are going to split amicably, it might still be a good idea to speak with a lawyer to explore all of your options.
Your attorney can help you come up with a solid separation plan that is fair to everyone involved
Divorce Court
When a couple can’t split amicably, then they will need to speak with their divorce lawyers about heading to family court. In most cases, divorces that go to trial are slightly more adversarial, and that is why multiple legal professionals must be involved.
Some of the disagreements that you and your spouse might struggle with include child custody, child support, alimony, and division of assets.
At the conclusion of the divorce litigation, the judge will make a ruling on exactly how all of those issues will be resolved.
Mediation
In most cases, couples will benefit from out-of-court mediation if they are still friendly and open to speaking with one another.
Mediation is also a legal requirement in some situations, and you will need to check your local laws to see what your options will be.
During mediation, a lawyer or professional mediator will sit down with you and your spouse and go over everything from child support to your mutual assets.
When the mediation is over, all of the parties will sign legal documents agreeing to the terms.
It is an unfortunate fact that a relatively high percentage of marriages end in a divorce, and that process can be overwhelming.
That is why it is so important for spouses to work with experienced legal professionals who can help them move on with their lives.
Category: Divorce
