Many people view divorce as a tragic, stressful event, but for many former couples, it is anything but. In most cases when a couple chooses to file for divorce, it is the best-case scenario. It is preferable to turn around and leave, making a clean cut, rather than stay in a hopeless situation and let it go from bad to worse to insufferable.
As many as half of all marriages in the US end in divorce, which means that we need the system that enables that to be robust, comprehensive and easily accessible. If you only know of divorce from TV and courtroom dramas, chances are that you think divorces are suspenseful affairs full of twists and complications.
However, according to our friends at JWB Family Law, most divorces don’t even go to court – they are settled out of court. And there are good reasons for it, too.
Mediation Is the Alternative to Litigation
If the divorce is not amicable and not mutual, you are probably going to have to go to court and have the judge and the attorneys resolve the majority of your issues, like asset distribution, child custody, spousal and child support and just about everything else in between.
However, that doesn’t have to be the case. If you are able to come to terms with your (soon to be) former partner about at least some of the issues, it is possible for you to get a divorce by using mediation services.
Mediation involves using a legal professional who will be impartial, so neither your, nor your spouse’s attorney. They suggest solutions and offer compromising options to you both until you come to an agreement. They have no legal power – meaning they can’t make you do anything, but listening to them can be beneficial in multiple ways.
It Is Usually Shorter than a Court Divorce
When you are getting a divorce through the court system, there’s a lot of waiting involved. You will have to discuss your case with your attorney in great detail, collect a lot of information and let your attorney go through all the documents and facts before you even go to court.
Once you do, there is a lot of back and forth between the attorneys, waiting for court dates, and that can take weeks and even months, sometimes years.
On the other hand, a mediator will help you discuss the issues directly with your partner about all of the major issues. No matter how difficult the conversation might be, the results will frequently be much faster than a court case.
It Is Cheaper than a Court Divorce
You probably know that your divorce is not going to be cheap. In fact, it might be the most expensive financial outlay after buying a house for a lot of people. One of the biggest factors which determines how expensive the whole case is going to be is how long the divorce is going to take.
You will have to pay your lawyers, a lot of documentation and court dates. And the longer it goes on, the more expensive it can get.
Mediation cases are fairly different – paying just one person to assist you and your spouse is certain to put less stress on your budget and the shorter process means that you can get to the final solution much faster, have the court verify the decision and go back to your regular life much faster. And save some money in the process.
Mediation is not a process for everyone – it takes special conditions for mediation to be successful. But, if you find yourself in such a situation, definitely at least give it a try. If all else fails, a court divorce is still possible if mediation proves unsuccessful.