Mediated Vs. Litigated Divorce: What's the Difference?

Every divorce is different. If you think that litigation is the only way to end your marriage, you might want to speak with an attorney about your legal options through mediation. Mediation isn't right for everyone, but it can be faster, more effective, and less expensive than litigated divorce. Generally speaking, litigated divorce is more expensive because it takes more time. The litigated divorce process involves a great deal of waiting. During the divorce process, you may have to wait for initial documents to be drafted, wait for a response, hold a motion hearing, investigate contested factors of the divorce, discuss settlement options, take co-parenting classes, elicit the help of an expert review, etc.

On the other hand, mediation involves fewer, less time-consuming steps. First, you and your spouse will find a certified divorce mediator. Then, you can begin investigating any facets of the divorce that you don't agree on. For example: couples with children may have differing ideas about child support. Generally speaking, mediated divorce is ideal for couples who are willing to work together. If you and your soon-to-be ex can't speak to each other without starting a fight, mediation might not be your best option. If you are willing to work toward a common goal (divorce), mediation might be one of your best options.

Once you and your spouse work resolve any issues related to your divorce agreement, you can draft a marital settlement agreement. With the help of an attorney, this agreement will cover any important issue related to your divorce. Once the draft is finalized, you and your spouse can file it with the court and attend a final disposition hearing with a judge. At Menduni Martindill, we are committed to helping couples and families resolve complex divorce-related issues. Our practice areas include uncontested divorce, mediation, child custody, child support, alimony, and a wide variety of other divorce-related matters.