Unlike litigation, which is often at the mercy of court schedule availability, mediation sessions can be scheduled whenever it is most convenient for you and your spouse. This allows you to resolve your family law dispute much faster than a litigated solution. In addition, mediation is a significantly less expensive option than taking your case to trial. This can make it an attractive option for couples looking to save money.
The Role Of A Divorce Attorney In Mediation
In mediation, spouses participate voluntarily and work together to resolve issues in their divorce. Typically, the first step is understanding divorce mediation and selecting a mediator both parties can trust and respect. Often, a family law attorney will help the couple find suitable candidates. During the selection process, it is important to look for recommendations and references on potential mediators and to meet with them in person before hiring one. During the preliminary session, the mediator will often ask each party questions and review all available relevant documents. Then, the mediator will try to identify common goals and interests so they can use those as a starting point for negotiation. They may also narrow the scope of outstanding issues for a more focused discussion. Each party will be encouraged to share their concerns and ideas as the discussion continues. However, the mediator will not force anyone to change their position or impose their view on the other party. Instead, the mediator will encourage both sides to explore options and compromise to reach an agreement that satisfies everyone’s needs.
When both parties can come up with reasonable options, the mediator will often present them to both individuals in a non-confrontational way. They will also attempt to educate the parties about how each option will play out in court so they can make an informed decision that works best for them and their family. To understand more about the significance of a lawyer in handling marital problems, you can visit https://www.garwoodfamilylaw.com/san-diego-divorce-lawyer/divorce-mediation/. In a litigated divorce, many inefficient time-consuming activities can be involved, such as filing declarations and motions, discovery, depositions, countless back-and-forth communications between lawyers and more. In contrast, mediation is a quicker and less expensive process than litigation. Moreover, while the outcome of mediation is not binding, it is usually more enforceable than a court’s order. A final judgment from the court can be modified through a modification request submitted to the judge for review.
The Role Of A Divorce Attorney In Litigation
When spouses disagree about the issues involved in divorce, they may litigate their disputes in court. During litigation, spouses must present documents and witnesses to support their positions before a judge or jury. Spouses can represent themselves or hire attorneys to advise them and advocate during divorce proceedings. Litigation can take several months or even more than a year to complete.
The decision to end a marriage is difficult for all parties involved. It can also be financially and emotionally draining. For this reason, some couples choose to pursue a legal separation instead of a divorce. While a legal separation and a divorce are similar in many ways, the most significant difference between these two processes is that a legal separation can be reversed, whereas a divorce cannot.
Regardless of the reasons for ending a marriage, most couples desire to find an efficient way to resolve their differences. If a team can agree on the terms of their divorce (such as time-sharing, child support and property division), they may be able to file for an uncontested divorce. If the spouses cannot agree, they must file for a contested divorce. During a contested divorce, the spouses will have to go through a lengthy trial in front of a family law judge who will decide the case’s outcome regarding custody and parenting time, alimony, child support, and distribution of property. Throughout the divorce trial, spouses will present evidence such as financial statements, witness testimony and expert opinions. Some states consider marital fault when determining divorce terms, such as domestic violence, but many jurisdictions have adopted the no-fault principle. Guilt can influence the judge’s decisions about alimony and property division, but only if it is relevant to the circumstances of the case. The spouses will also need to pay for the services of their divorce lawyers during this process.
