The decision to end your marriage will be a difficult one to make, but perhaps not as tricky as deciding how to end it. Divorcing through traditional methods and litigation is typical yet mediation can also be extremely useful in many situations. What can you do to decide which method is right for you and your soon-to-be ex-spouse?
When Divorcing With Mediation Might Work
The underlying concept of mediation is cooperation. Two divorcing spouses work together to reach a divorce agreement that works for them both, all the while letting a mediator oversee and guide them. The benefits of mediation include getting a more customized divorce agreement, avoiding frustrating arguments and legal battles, and usually reduced expenditures, especially when it comes to court costs. Children are also generally more comfortable with a divorce if it is pursued through mediation.
You should consider mediation when you and your spouse are on talking terms. Since mediation needs cooperation, you have to have good communication with your spouse to make it work. If you cannot sit down and have a civil discussion with your spouse, or if it is unsafe to do so due to the possibility of there being domestic violence, then mediation is not the right choice.
When Traditional Divorce Works Best
Since mediation relies on coordination and communication, a traditional divorce becomes optimal, if not necessary, when you and your spouse cannot get along. Some people may feel compelled to agree with their spouse, no matter how much harm that causes to their future and wellbeing, just to avoid conflict. This is not ideal. If your spouse is refusing to compromise or hear about your best interests, using divorce litigation will probably be the right decision.
Taking a contested divorce to the courtroom is also not inherently a negative occurrence. Approaching the situation correctly and with an attorney’s guidance can still ensure you get what you want out of your divorce.
You can depend on the Murrieta and Temecula divorce lawyers from Hanson, Gorian, Bradford & Hanich to help guide you through the dissolution of your marriage. By sitting down with you and taking the time to learn about your unique situation, we help you decide if you want to use divorce litigation or mediation. We can even provide representation in or out of court as you wish and as is necessary. Contact us today to learn more about our services and your legal options.