If you are ending a marriage on bad terms, you may think it is best to go straight to court to make some big decisions about how the marriage will end. However, this could be a big mistake. It is always a good idea to go through mediation when settling a divorce for the following reasons.
You Retain Control
Mediation may require talking to your spouse and making compromises, but it puts the two of you in control throughout your divorce proceedings. Once a divorce goes to a family court, you lose control over what happens in the divorce. A judge will decide how property is divided, how much spousal support should be paid, and who gets custody of the kids. It can make your divorce harder to go through since a judge's decision can make things feel like a loss rather than something you had a say in.
You Will Be More Comfortable
The process of going to court for a divorce can be stressful, which is the case when so many decisions are out of your hands and are decided through a formal courtroom procedure. Mediation is a much more comfortable alternative in the end due to several reasons. Your meditation will be more about compromising and less about stating the facts of your case. You don't need to argue on your behalf and explain your complicated background story since that is not a problem in mediation.
You Will Pay Less Money
The cost of going through mediation will be significantly cheaper than if it goes all the way to court. This is because you do not have to pay all of the costs associated with going to court when using mediation, and you and your spouse will not have the added cost of using a lawyer throughout a trial. While you are getting divorced, these are all costs that are coming out of savings accounts that will eventually need to be divided.
The cost of mediation is also cheaper because it can go quickly. You and your spouse can make joint decisions about the divorce before going into mediation, and then use the time with a lawyer to finalize your wishes. Try to save the difficult decisions for mediation, which is when you'll need the assistance of a neutral party to help you get through it.
No matter which direction you decide to go, reach out to a local family attorney in your area.
Share24 October 2018
My name is Laura, and I am an attorney specializing in helping clients leave violent marriages. The law can help victims be safe, but many potential clients cannot afford legal services and may be afraid to pursue divorce. They may not be aware of services that have been created to keep them hidden from violent ex-partners and to help them be awarded assets in a divorce so they can provide for themselves and their families. I hope to raise awareness of these issues as well as help direct people in danger to facilities where they can receive guidance and financial assistance.