How Mediation Differs from Litigation During an Alabama Divorce

Going through a divorce can be a very overwhelming as well as traumatic experience. It often seems like you have too many vital decisions to make in a short amount of time, not least of which is to go through the legal process to end your relationship.

Separation from your partner can result in intense negotiations between you and your spouse, making it a challenging and time-consuming process. While there may be some couples who divorce amicably and can unanimously agree on terms, most divorces are highly complicated and with emotions running high, both partners want what they think is best for them. This often means fighting for majority rights regarding the things that they value which include properties, money, and custody of their children.

A Litigated Divorce

A divorce is litigated when the spouses cannot agree on the core issues such as division of property, child support, or spousal support and one of them files a divorce complaint with the court. Filing this complaint means that the spouse who has done so, wants the court to decide the terms of the divorce and legally end the marriage. A fully litigated divorce ends after a trial overseen by a family court judge.

During a litigated divorce, the couple has an option to settle at any time. But once a litigated divorce is started, most spouses only settle just shortly before the commencement of the trial. Spouses can even represent themselves in a litigated divorce but choosing a good law firm with experienced lawyers is the key, as an experienced divorce attorney can provide you vital advice, argue your positions, and effectively navigate the legal system and the compulsory procedures.

Divorce litigation may be the best path to take for you if any of the following apply:

Your spouse is an incompetent parent.
Your spouse was physically or verbally abusive or even violent towards you or your children.
Your spouse concealed assets from you.
Your spouse coerced you into accepting undesirable terms of the divorce.

Divorce Mediation

Mediation is an alternate method of dispute resolution for divorcing couples in Alabama that allows them to sit down with a neutral mediator and come to a decision that is fair for both parties regarding subjects like child custody, alimony, property division, and other issues related to the divorce. A very good thing about mediation is that it takes place in an informal and non-confrontational setting, such as a mediator’s office.

An important thing to remember is that mediators are not responsible for deciding the outcome and the final terms of the divorce. Their job is to help the couple to reach a place of mutual understanding once again so that they can compromise with each other and then finalize a settlement agreement. Once the couples reach this agreement, they have almost gone through what is termed as an uncontested divorce.

Mediation can also be beneficial for the couple as it allows spouses to go over the specific issues that they want to discuss and try to come to an agreement on them. The couple also has full control over what occurs during the divorce negotiations, instead of the court going over all the issues like child custody and division of property.

Key Differences Between a Litigated and a Mediated Divorce

Coming to a Decision

Divorce litigation can help you resolve your divorce case in family court if you and your spouse are unable or unwilling to determine the terms of your divorce amicably. Divorces that are more hostile and involve a large amount of conflict may proceed to trial.

Whereas in divorce mediation, both spouses must be willing and committed to the process and the goal of reaching a decision that is fair for both parties. The willingness to compromise is essential. If any one of the spouses is already gearing up for an all-out legal war, it is not very likely that mediating the divorce will work.

Cost Involved

In terms of the cost involved, in both litigated and mediated divorces, you will be required to pay court filing fees. The main expense involved in mediation is the mediator’s fee. This is usually split between the spouses according to their liking. Litigation usually involves several different expenses that make it significantly more expensive than mediation.

Divorce Attorneys in Alabama

The family law attorneys at Smith Law Firm have handled thousands of divorce cases over the years. We can skillfully handle uncontested and contested divorce cases alike, and we can help you get a fair and favorable divorce settlement.

Our attorneys will work hard to achieve the best possible outcome in your divorce case through negotiation, mediation, or litigation – if needed. We can also handle post-divorce issues like alimony, child support, and child custody modifications as well as enforcements.

You can message us online or call us at 334-702-1744 to schedule a consultation with one of our experienced divorce attorneys.