Divorce Without Court Through Mediation
Divorce mediation may take the “sting” out of the breakup, or at least that is true according to an article published by The Guardian on the topic. It is no surprise that every marriage is unique and, consequently, so is every divorce. The laws of this country allow disputing couples to choose how to sever their relationships from multiple options. These include:
- Litigated Divorce: Perhaps the most popular choice among disputing couples, this option requires filing a lawsuit in the appropriate court even if the parties never see the inside of a courtroom;
- Do-it-Yourself Divorce: This is best in a uncomplicated situation. In other words, if any of the following is present: a short marriage period, no children, little to no assets and/or debts to be divided, comparable incomes, and no alimony, it may be an option. That being said, it is still highly recommended for each party to have his or her own attorney review the final paperwork. This is because mistakes can be easily made by those unfamiliar with the process and once they occur they are often irreversible;
- Collaborative Divorce: When a couple agrees to work out the details of a divorce without the need for court intervention, this is known as collaborative divorce. Each side will hire his or her own attorney, whose role is to advise and assist in negotiating and reaching a settlement agreement. Typically, this process is much faster and less expensive than litigation, assuming the process works; and
- Mediation Divorce: In addition to having individual attorneys representing each party, the couple also works with a neutral third-party (i.e. the mediator) whose role is to help both parties reach an agreement on all aspects of the divorce. Each party’s own individual must also review the documents prior to having the client sign the final divorce settlement agreement.
Divorce Mediation: The Pros and Cons
There are several benefits to divorce mediation. These include:
- A better long-term relationship with your ex spouse due to no heated fight in court;
- Less stress for the children because of more peaceful divorce proceedings;
- The ability to reach a quicker agreement and incur reduced expenses;
- More control over the decision-making process; and
- The ability to keep the details of the breakup private.
On the other hand, there are disadvantages to divorce mediation. These include:
- The risk of failure, making the entire mediation process a waste of both time and money;
- The outcome of mediation being incomplete or unfavorable to one spouse;
- Having an unenforceable settlement that can be challenged in court if poorly drafted, or disproportionate;
- Ending up in court anyway because of other legal complications that could not be resolved in mediation; and
- Failing to uncover assets that were not voluntarily revealed by the other side because subpoenas of records are not issued and all information is voluntarily disclosed.
Divorce Attorney Help
Everyone’s family situation is different and the intricate details of every divorce are no exception. If you or someone you know is facing divorce, it is important to weigh your legal options carefully. If you and your spouse are able to make decisions amicably and work out details together, it is possible that mediation divorce is right for you. Contact a
