Divorce Without Court Through Mediation – Is It Right For You?
Every marriage is different and, subsequently, so is every divorce. There are multiple options when facing divorce including:
- Do-it-yourself divorce – while this option may be work in an uncomplicated situation (short marriage period, no children, little to no assets and/or debts to be divided, comparable incomes and no alimony), it is still highly recommended for each party to have an attorney review the final paperwork as mistakes can be easily made, and once they occur they are often irreversible;
- Litigated divorce – the most commonly chosen method, while the parties may never see the inside of a courtroom, this option of divorce requires filing a lawsuit in the appropriate court;
- Collaborative divorce – this occurs when a couple agrees to work out the details of a divorce without the need for court intervention. Each side will have his or her attorney, whose role is to advise and assist the client in negotiating and reaching a settlement agreement. This process can be much faster and less expensive than litigation if the process works; and
- Mediation divorce – in this scenario, the couple works with a neutral third party (i.e. the mediator) who will help both parties reach an agreement on all aspects of the divorce. Both parties still need to consult their own, individual attorneys during this process and prior to signing the final divorce settlement agreement.
The Pros and Cons of Divorce Mediation
There are several benefits to divorce mediation. These include a better long-term relationship with your soon-to-be ex-spouse because there was no heated fight in court; less stress for the children because of more peaceful divorce proceedings; quicker agreement and reduced expenses; control over the decision-making process; and maintaining privacy. Alternatively, there are disadvantages to divorce mediation. Such issues include: the risk of failing and the entire mediation process being a waste of time and money; the results being incomplete or unfavorable to one spouse; ending up with an unenforceable settlement that can be challenged in court if poorly drafted or disproportionate; still ending up in court due to other legal complications that cannot be resolved in mediation; and failure to uncover assets that were not revealed by the other side because subpoenas of records are not issued and all information is voluntarily disclosed.
Orlando Divorce Attorney
The intricate details of every divorce vary, as everyone’s family situation differs. If you or someone you know is facing divorce it is important to weigh divorce options carefully. If you and your spouse are able to work out details and make decisions amicably, then it is possible that mediation divorce is right for you. The skilled legal professionals at the law offices of Steve W. Marsee, P.A. have years of experience servicing families in Central Florida in family law matters. Mr. Marsee can guide you through the legal system and answer questions you may have. Call 407-521-7171 to schedule your initial consultation.