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Divorce - Lawyer vs. Mediation

Deciding to divorce your spouse is an incredibly difficult decision – but once you’ve decided that a divorce is necessary, you’ve got to decide who will handle your case.

Regardless of how you choose to proceed, your divorce must be finalized by a court of law. You’ve got several options for reaching that end point. You can hire a lawyer and go to trial, use a mediator, or even handle the process yourself. Obviously, the option you decide on will affect how much you’ll spend, and how much time you’ll spend in court.

Using a divorce lawyer

In a traditional divorce, each spouse hires an attorney. If you both disagree about the custody of your children, child support, alimony, or how to divide your property, this is likely the approach you’ll take.

In cases where spouses disagree, it’s important to have an attorney who can argue for each spouse’s interests. The attorneys present each decision to the judge, who makes a final decision.

Even if you agree with your spouse on most points, it’s still a good idea to get legal advice. This is especially important if you’ve got larger assets or complicated financial arrangements with your spouse.

Obviously, a traditional divorce proceeding where both spouses hire attorneys is the most costly route to take. Many times, traditional divorces take much longer to be finalized.

Using a divorce mediator

In situations where a divorce is amicable – especially when families want to minimize the stress for children – a neutral third party is hired to assist with dissolving the marriage.

The mediator helps the parties come to an agreement on all of the standard issues associated with a divorce – child custody, visitation, child support, the division of property, and spousal support.

In many cases, mediators are also attorneys, which can make the process even easier. If a mediator is also an attorney, he or she can help draft the divorce papers.

Mediation is much more affordable than a traditional divorce, and both spouses share the mediation fees. Mediation tends to happen much faster, since there are fewer issues to resolve.

Got more questions? Come see us for a free consultation

If you’ve got more questions or want help deciding whether traditional divorce or mediation are right for you, call us at (214) 849-1905 or fill out the form on this page to request a free consultation. We’ll sit down with you, listen to your story, and help walk you through your options.