The entire process leading up to a divorce can be a crossroads of decisions up to the very end. Especially for people who are deeply mentally affected by their decision to divorce, understanding the nuances of how to divorce might be difficult for them. If you’re going into this decision uninformed of its many legal intricacies, you might not understand which path you should take next to execute your divorce quickly and smoothly.
Traditionally, people choose to execute their divorce by either going through a litigated divorce or divorce mediation. The deciding factor of this choice lies behind each person’s distinct situation, requirements, and whether they’re on good terms with their divorcing partners. Hiring divorce consulting firms helps people understand the depth of their situation and make informed decisions accordingly.
Although they have different methods and roles, divorce attorneys and mediators can both assist you in having a positive divorce with a happy ending. It is important to understand the distinctions between a lawyer and a divorce mediator before choosing your divorce process to decide which option is best for you.
What is a Divorce Mediator?
A divorce mediator is an impartial third party that assists in negotiating a divorce settlement. The mediator assists the parties in coming to a mutually agreeable decision and can be a good option for couples who want to keep control over the course and resolution of their divorce as it’s typically less formal and costly than going to court.
To begin the divorce mediation process, the mediator meets with each spouse separately or all of the parties together to go over the matters that need to be settled. After that, the mediator collaborates with the separating parties to develop a strategy that fulfills their respective goals. Throughout the process, the mediator assists the couple in communicating effectively, brainstorming ideas, and finding practical solutions. Once an agreement has been reached, the mediator will then devise a settlement agreement that details the terms of the agreement.
Benefits of Hiring a Divorce Mediator
Divorce mediation offers several benefits, and the biggest among them is that it’s typically less expensive and time-consuming than going to court. The fact that both parties are cooperating to find a solution also increases the likelihood that they will be happy with the result.
The ability to retain control over the course and result of the divorce rather than leaving it to a judge’s decision is another benefit of divorce mediation. This works out well for couples who hope to keep their understanding even after separating intact and collaborate to co-parent their children in the future. Some further benefits of hiring a divorce mediator include:
- Helps reach a solution more quickly: Instead of relying on a court’s scheduling conflicts and delays, mediation enables the parties to choose a time that is convenient for all parties.
- Encourages more creative solutions: Mediators are adept at assisting couples in coming up with innovative or specially tailored solutions to resolve conflicts that are specific to their particular circumstances.
- Retains confidentiality: In mediation, only the mediator and the involved parties are aware of their private affairs. Only the settlement alone needs to be submitted to the court.
Limitations of Hiring a Divorce Mediator
Divorce mediation may not always be the best option, even though it can be a useful tool for resolving issues related to divorce. For instance, mediation might not be suitable if the case involves domestic violence or abuse. Additionally, if one party is unwilling to compromise or share information honestly, their divorce mediation may not have a successful outcome.
What is a Divorce Lawyer?
A divorce lawyer is an attorney who practices family law and divorce. In litigation, a divorce attorney’s duties include representing one of the parties and offering counsel and legal advice all along the way. They’re also responsible for representing their clients in court to help them get the results they want for their long-term objectives.
A divorce lawyer manages the discovery procedure, examines relevant records, and formulates a plan of action to be followed to see the drive reach a successful end for their client. They also advocate for their client’s interests and engage in negotiations to reach a resolution that aligns with their long-term objectives throughout the divorce process. Divorce lawyers also accompany their clients to meetings with their divorcing spouses to help negotiate the terms and reach a positive settlement.
Benefits of Hiring a Divorce Lawyer
Quite perhaps the biggest benefit of hiring a divorce lawyer is that they can offer legal advice throughout the divorce process. This works best in cases involving complex legal issues such as asset distribution or dealing with an uncooperative party. Here are some further benefits of hiring a divorce lawyer:
- Offers objective representation: A divorce lawyer offers objective representation, focusing on the legal aspects of your case and ensuring an outcome that fulfills your goals.
- Safeguards personal interests: A divorce lawyer’s duty is to safeguard your interests both inside and outside the courtroom, ensuring fair asset distribution and proper representation for all parties involved.
- Devises amicable custody agreements: In instances where one party is uncooperative in matters of child custody, divorce lawyers possess the expertise to develop custody arrangements that are more likely to be accepted by the court.
Limitations of Hiring a Divorce Lawyer
One drawback of proceeding with divorce litigation is that you must adhere to the court’s schedule unless you can come to agreements outside of court. Furthermore, working with a divorce lawyer can be quite expensive in cases of high-conflict divorce litigation, where both parties are unable to come to agreements through negotiations and must rely on judges to make decisions for them.
Divorce Lawyer VS. Meditator: Which is the Right Choice?
There is no universally applicable answer for deciding between a divorce mediator and a lawyer. The decision will always vary from person to person, their willingness to collaborate with their separating partner, and the complexity of the individual case. However, learning further about your case and its general guidelines can help you make an informed decision.
If you and your spouse wish to end things on a good note and are willing to communicate to reach a positive agreement, divorce mediation might be the right answer for you. Going with this option will help you maintain autonomy over the process and the agreement you reach to conclude your divorce.
On the other hand, if your case involves an uncooperative partner, a history of domestic violence or abuse, or any legal and financial technicalities, it might be better to look into hiring a divorce lawyer for a litigated divorce. Regardless, it’s always best to reach out to a divorce consulting firm to learn more about these options and gain professional insight to help you decide the right one for you.
Taking the Right Steps for a Better Beginning
When it comes to divorce, the thing both divorce lawyers and mediators will agree on is that there’s no one-size-fits-all solution. Taking the time to carefully consider all your options by hiring a divorce consulting service can help you make informed decisions and execute your divorce in a smooth and trouble-free manner. With professional support by your side, it becomes easier for you to see one of the most difficult decisions of your life come to a positive end and begin the way forward toward your new life.
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