Divorce is never easy, but it’s even harder when you do not know who to turn to for help. How you handle the situation can affect every aspect of your life, from high-value assets to children.
Fortunately, some professionals, including divorce mediators and attorneys, can help you navigate the complexities of divorce. Whichever option you take, it is crucial to ensure you look for an expert with experience handling cases similar to yours.
To help make your decision easier, here is a brief comparison between a divorce mediator and a lawyer.
The Difference Between Litigated Divorce and Divorce Mediation
Before you hire an attorney or a mediator, it is vital to understand the difference between divorce litigation and mediation. Each option has its pros and cons. Deciding if litigation or mediation is proper for you will depend on several factors, including your situation, the complexity of your case, and your budget.
Litigated Divorce
Also known as contested divorce, this type of divorce is common among partners who find it challenging to find a suitable solution to their disputes. Parties could be having trouble agreeing on child support, custody, alimony, and division of assets.
When a couple cannot agree on how best to end their marriage, they can resolve their matters in court. The case will be presided over by a family court judge who will listen to both sides and determine a suitable outcome. While each spouse can represent their interests during the trial, it is always best to consult an experienced divorce attorney for help.
Divorce Mediation
Divorce mediation is an alternative to contested divorce in which the couple seeks to resolve their disputes without involving the courts. Spouses who choose mediation may be looking for a way to solve their issues amicably without the stress of a lengthy court trial.
Mediation may be affordable for a couple with limited assets. During the process, both parties will discuss and agree on issues such as spousal support, child custody, and division of marital property.
The Roles of a Divorce Mediator and Divorce Lawyer
A divorce mediator is a trained counselor who can help couples resolve their issues in a non-contentious way. In divorce mediation, the mediator will help each party understand their different perspectives and needs, helping them make a decision that suits everyone. However, a divorce mediator cannot offer legal advice or represent either party in court.
On the other hand, a divorce lawyer only provides legal advice to their clients. Their job is to ensure that the party they represent gets the best possible outcome during litigation. A lawyer could be the best option during a contested divorce, as they understand divorce law and have years of experience handling similar cases.
Choosing the Right Option for You
Choosing between a divorce lawyer and a mediator can be challenging. However, it would help if you based your decision on your specific situation and the other party’s condition.
Preferably, you should consider divorce mediation if you believe you can resolve your issues with your partner. Conversely, if you feel your prospective ex will not respond to reasonable solutions, you may want to hire a divorce lawyer. That way, you will have a better chance of a favorable outcome.