Should I Hire a Lawyer or Use a Mediator for My Divorce?

in #legal2 months ago (edited)


Most people would not prefer litigation for divorce settlements, but mediation is not a wise option for certain divorces.

Notwithstanding the context of the situations that might lead to the decision to split up, the decision to mutually go for a divorce is difficult. Divorce might be costly and contentious to make matters even more complicated, especially if either or both spouses hire lawyers.

Engaging a divorce mediator to help either of the spouses through mediation is frequently cheaper and less contentious than hiring an attorney to litigate your divorce. When contemplating how to split, the cost is not the only factor to consider. Here is some more information to assist you in deciding whether you should engage with a divorce mediator or hire a divorce lawyer for the divorce settlement.

Litigation vs. Mediation

Understanding the contrast between litigating your matter in court and attempting to settle it via mediation is an excellent place to start when assessing your options.

Divorce through litigation

Traditionally, when a couple decides to split up, either party submits a legal petition to the court, requesting to dissolve the relationship and resolve matters including property distribution, child custody, and alimony. The divorce is "refuted" when the couple could not compromise on handling these difficulties.

When the spouses cannot decide on an agreement, their case must be heard in court. Both spouses tell their sides of the issue and present evidence to support their claims at trial. After evaluating the matter, the judge gives a decree of divorce, a legally enforceable and binding court decree that outlines the judge's conclusions regarding the divorce's unresolved issues.

A trial would cost each party a humungous amount of dollars in a contentious divorce. The cost keeps increasing with the number of experts hired or with either party filing several written petitions. For divorce settlements, compensation claim solicitors are hired. These can be male divorce lawyers or female divorce lawyers.

Divorce through mediation

Divorce mediation might be an excellent alternative to going into litigation. Without the court's intervention, couples consult with an impartial divorce mediation lawyer whom they mutually decide to consider and settle the difficulties. A mediator never gives orders in the case; instead, the mediator facilitates dialogue and helps the couple achieve an agreement. After the parties have sorted out their differences, most mediators will assist them in drafting a settlement agreement that they can sign and deliver to the court.

Mediation is never free, but it's much less expensive than going into litigation. Mediation costs vary depending on the rates prevailing in the market and whether there is a need to hire professionals to help you resolve complex issues like family business division. Mediation, on the other hand, is a significantly less expensive choice for most couples planning to get divorced than going to court.

A suitable mediation does not automatically result in the dissolution of the marriage. If the mediation goes well, you'll require to have your divorce finalized by a judge. Mediation before filing for divorce requires filing a request either mentioning or including the details of the separation agreement. Mediation after filing the divorce petition requires submission of the separation agreement agreed upon during mediation to the judge and request that a conclusive hearing is scheduled.

The judge then reviews the separation agreement to ensure that it complies with the respective state divorce laws and solves all outstanding concerns; the court can issue a final judgement without any personal hearing, or final judgement might be issued after calling a personal hearing to authenticate that they both approve the settlement conditions submitted. After this, the final decree shall be issued by the respective judge after authentication of all the documents and the settlement agreement.


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