When couples are considering divorce and do not agree on some of the issues, there is more than one approach to resolve disagreements. Litigation, mediation or collaborative divorce are different approaches couples may consider if they are contemplating divorce.
Divorce Litigation
A litigated divorce arises when couples cannot agree on all the issues, which typically arises when making decision regarding property division and child custody (aka parent time and parental responsibility). If the couple and their respective attorneys cannot reach a settlement, the parties will go to court to pursue a contested divorce and a judge will make decisions after weighing testimony and evidence.
The downside of litigation is the time it takes and the added expense of going to trial, but sometimes it is necessary to protect a client’s rights/achieve the desired outcome in a highly contentious divorce. In most divorce cases, however, an experienced attorney skilled in negotiation can reach a settlement agreement before a case proceeds to trial, but can certainly represent a client in court if necessary.
Mediated Divorce
Divorce mediation involves a third party who will facilitate communication between spouses so that they can compromise more easily. Mediation is a good fit for couples who are committed to finding a solution. It is important to work with an attorney following mediation to ensure any agreement reached addresses all issues in your divorce and that your rights are protected. If mediation fails, couples who remain conflicted will typically pursue litigation with the help of an experienced attorney who can negotiate a settlement or represent their client’s interests in court.
Collaborative Divorce
Collaborative divorce involves spouses hiring their own attorneys who will commit to settling the divorce without litigation. Information will be exchanged and clients will provide input as needed to reach a divorce settlement agreement.
Collaborative divorce may be a good fit for couples who agree on everything – uncontested divorce – but want attorneys to put a fine point on the details and handle the legal aspects of getting a divorce, which a mediator is not able to do.
The downside of collaborative divorce is the collaborative attorney cannot represent their client in court if the process fails. If the parties cannot reach a settlement agreement, they must start the process over with a new attorney who will either negotiate a settlement or litigate the matter in court.
Contact an Experienced Divorce Lawyer for Help
It is important to have a strong advocate on your side in your divorce. Attorney Ronald L. Bell is highly knowledgeable and experienced in all areas of family law. He has earned great respect and admiration in the legal community and the trust and enduring gratitude of his clients over more than three decades of practice. When you need assistance with divorce, child custody, spousal or child support, marital property division or have another family law matter, contact Ronald L Bell & Associates P.C. for immediate assistance today at 847-495-6000.