The decision to split up a marriage is never an easy one to make. This isn’t exactly a pleasant experience, even when there are no children involved.
There can be a lot of items to settle, including who gets custody of the pets, alimony, division of assets, and final ownership of a home. However, many couples choose mediation to settle the details of their divorce.
If you want to know the difference between mediation vs divorce, read on. This guide has all the information you need. Let’s get into it!
What Is Mediation?
Mediation is an alternative to divorce that is becoming increasingly popular. It is a neutral third party that helps the couple agree without going to court.
It also reduces the stress and expense of a full-blown divorce battle. Additionally, it is much faster than a court proceeding, which can take a great deal of time and create a lot of tension.
For couples wanting to get divorced more amicably, mediation is usually the best option. It can allow them to work out the details quickly and without having to go through a judge.
However, it is important to find the right mediator for your situation as it is highly likely to be a successful and low-stress process.
What Is Divorce?
This process requires going through court-imposed procedures and costs that have to be met by the parties involved. Which method is right for you will depend on the dynamics of the couple and if it involves complex situations like domestic abuse.
Divorce is a legal process where married couples formally dissolve their bond and end their legal ties. In most cases, it is necessary to obtain a court order from a judge. This will state that the marriage has ended, and the parties are now legally divorced.
In addition, a traditional divorce can be more stressful and lengthy, as it requires going through court hearings. It also often leads to a greater sense of animosity as they are pitted against one another in a court of family law.
The Pros and Cons of Divorce vs Mediation
Divorce and mediation are both options available to couples who are looking to end their marriage. But it is important to weigh the pros and cons of each approach. Mediation offers the opportunity to discuss problems and solutions in a neutral, non-threatening environment.
It is often less expensive and less emotionally draining than a divorce. However, if parties cannot agree on all issues, a judge or other legal authority will be needed to decide.
Conversely, divorce is an adversarial process that can be volatile and subject to the court’s rulings. Additionally, it can also be expensive and emotionally taxing.
So before deciding which of these options is right for you, it is best to understand the benefits and drawbacks of each to ensure the best outcome.
Key Differences Between Divorce Lawyer vs Divorce Mediator
A divorce lawyer may be the right option if you are looking to take a dispute to court or if your issues are particularly complex. On the other hand, a divorce mediator is typically cheaper and more suitable for those who are willing to cooperate.
Furthermore, it allows couples to work together outside of court to come to a mutually beneficial agreement. While a divorce mediator cannot give legal advice, they can offer professional guidance throughout the mediation process.
When choosing between the two, be sure to consider the financial and emotional costs to make an informed decision regarding the best course of action for you and your family.
Time Frame of the Process
Generally, mediation can be completed much more quickly, making it an attractive option for those seeking to end their marriage rapidly. For divorcing couples without children, mediation can be completed in as little as three months.
It does, however, require both parties to agree. So those who are unable to find common ground might still need to pursue a long court procedure.
Ultimately, it comes down to the unique situation of each individual in considering which is the right path forward.
Cost Differences of Mediation vs Divorce
Divorce typically requires attorneys, which can be costly and lengthy and can also lead to court costs if a case needs to be pursued. On the other hand, mediation usually doesn’t require an attorney and can be wrapped up in a few sessions.
Although the sessions are still charged, the overall cost is much less than taking a divorce to court. Overall, if both parties are willing to work together on an agreement, mediation is a much more affordable and time-sensitive route to take.
Certainty of Outcome
The major advantage of mediation is that it results in a faster, lower cost, and more private way of divorcing. Furthermore, it allows couples to be in control of the outcome of the agreement, which can offer more certainty.
It also allows couples to work through the issues and struggles that led to the breakdown and decide for themselves a solution that is beneficial to both of them. Therefore, a mediated divorce could be the right option if you are looking for certainty of outcome.
When Should You Get a Divorce Attorney?
Mediation is an alternative method that often provides a less combative approach than a full-blown divorce. However, in certain situations like violence or fraud, legal counsel will be needed to get the outcome that is fair and just for your situation.
This is when family lawyers come in. These professionals specialize in helping couples work through the difficult transition of separation or divorce.
Yet, it’s still important to know more about a family lawyer and discuss the options to understand the potential risks and consequences of each. This way, you can make the best decision for you and your family.
Preparation Tips for Making the Right Choice
Mediation vs divorce is a tough decision. One should seek out advice from legal professionals and look at the pros and cons of each option to determine what is best for them.
Ultimately, it is a matter of personal choice and deciding what works best for your family. So, if you’re trying to decide if mediation or divorce is right for you or your situation, don’t hesitate! Seek out professional advice today!
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Author: Mandy Kloppers
Mandy is a qualified therapist who treats depression, anxiety, OCD, PTSD, trauma, and many other types of mental health issues. She provides online therapy around the world for those needing support and also provides relationship counselling.
